Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 6

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... a bar or justification, judgment can never be given against the defendant as by confession; but where the matter, though never so well pleaded, could signify nothing, judgment may in such case, be given as by confession." This case is also reported in 2 Ld. Raymond 924, where Holt, C. J., took this diflerence: That " where the defendant confesses a trespass and avoids it by such matter as never can be made good by any sort of plea, there judgment shall be given upon the confession without regard to such an immaterial issue, But where the matter of the justification is such as, if it were well pleaded, would be a good justification, there though it be ill pleaded, yet that shall not be taken to be a confession of the plaintifl"s action." See also 1 Chit. Plead. 650. The doctrine governing the practice upon this subject thus deduced from the authorities and declared by the Supreme Court of New York, is conclusive upon the question now before this court. The matter contained in the plea could by no manner of pleading whatever be made available as a defence to the action. For at the 268 time of bringing the suit five years had not elapsed since the taking eflect of the act of limitations, and consequently the act was not available at that time as a defence to any suit limited by the act to five years. In The People v. Haddock, 12 Wend. 475, the defendant pleaded four several pleas, three of which were found against him and one for him, the court held that inasmuch as the issue which was found in favor of the defendant did not go to the merits of the cause the plaintifls were entitled to STATE, USE or ASHLEY & Wsrxms v. LAwson ET AL. Von. judgment on the whole record, notwithstanding the verdict of the defendant...
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Product details

  • Paperback | 134 pages
  • 189 x 246 x 7mm | 254g
  • United States
  • English
  • black & white illustrations
  • 1236836839
  • 9781236836830