Delaware Reports Volume 7

Delaware Reports Volume 7

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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. 1871 edition. Excerpt: ... Ch. Pl. 554, whilst Mr. Angel states it with still greater precision and particularity, and in accordance with all the forms and precedents which we find in the books on the subject. Ang. on Lim. chap. 26, sec. 8. The words " first return " no where occur in the English statutes, but as their meaning is that the limitation in such a case commences from the time of such first return into the kingdom, the particularity and certainty required in such a special replication, renders it necessary to insert such an allegation in it with the usual averments of time and place, in order to show that the plaintiff has brought his case clearly within the meaning of the saving or exception referred to, and has commenced his action within the time therein limited for the commencement of it. To sustain the view which I have taken as to the insufiiciency of the replication in point of substance, without some additional averment or allegation that the defendants after the accruing of the said causes of action remained and continued out of the State from that time until this suit had been commenced, so that they could not in the meanwhile be personally served with judicial process in it, I shall now refer to a few cases which have been decided on the subject both in England and in this country, where they have long had a similar saving in their acts of limitation, although I believe this is the first case of the kind that has ever arisen under our own statute. I shall first refer, however, to the well accredited and established form of a special replication to a general plea of the act of limitation, under a similar saving provided in the English statute, when the defendant was beyond the four seas at the time of the accruing of the cause of...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236770889
  • 9781236770882