A Digest of the Law Relative to Pleading and Evidence in Actions Real, Personal and Mixed

A Digest of the Law Relative to Pleading and Evidence in Actions Real, Personal and Mixed

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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. 1824 edition. Excerpt: ...ofrent, rejoin that he was expelled; the rejoinder is a departure; R. T. Raym. 22. 1 Sid. 77; or if he rejoin that he has paid so much for rent and so much for taxes, which make dp thewhole demand for rent, it is a departure. 1 Salk. 221. So, if in debt on bond conditioned to pay all charges to an attorney for such a suit, the defendant plead payment, and the plaintiff reply shewing such a sum remaining unpaid, to which the defendant rejoins that he had no bill _of it: this is a departure; R. Lutw. 422; or ifthe defendant rejoin that the plaintitfdid not name a place for the payment of it, it is a de arture. R. 2 Mod. 31. See 3 Lev. 241. So, in debt on bond to per orm an award, if the defendant plead no such award, and the plaintitfin his replication shew the award and assign a breach, and thefdefendant rejoin that the award is bad, R. T. Raym; 94. 1 Sid. 180. R. 2 Rol. 692. Z. 40. or that the award was not delivered, R. 2 Saund. 184, 1 Le-0. 800, or not made of all controversies; 1 Le-a. 127; the rejoinder is a departure.and see Keilw. 175. a. 39 H. 6, 16. Doct. Pl. 193. 8 Lev. 239, 241. But where the defendant, by way of rejoinder, set forth the whole award, (in which was recited the submission, and it appeared that the award was not warranted by it), and demurred; it was holden not t.o be a departure from the plea. 1 1 East. 188. If the defendant justify by a deed dated the 1st May, and the rejoinder say that it was primo deliberat' 9 Mazj, the rejoinder is a departure; R. 3 Leo. 349; and the same, if there be a variance in the date ofa bond, between the rejoinder and plea. 1 Salk. 222. ln replevin, if the defendant avow forwlamagefeasant in his freehold, and the plaintiffplead that he leased to B for three years, and the...
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Product details

  • Paperback | 298 pages
  • 189 x 246 x 16mm | 535g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236930193
  • 9781236930194