A General Abridgment and Digest of American Law; With Occasional Notes and Comments Volume 5
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 edition. Excerpt: ...is a good plea in debt for an escape, for 68.--Salk. the commitment is only inducement. So, in debt against an 565' administrator, on a devastavit, after judgment against him, gj5 _i 1 though mixed with matter of record, nil debet is a good plea. Sand. 219. So, according to 1 Salk. 394; nil debet is a good plea, if a release be given to the deft., for then he owes nothing; see post: matter of inducement; Yelv. 75. 11. The plea nil debet must conclude to the country, and 1 Sand. 283. the pit. join issue. May be good on bond after verdict; 2--Co.L.126Wils. 10. Ch. 154. 12. But nil debet cannot be pleaded where the deft, has v_v-_; matter of excuse or discharge: nor to a penalty in an inden2 Mod. 106, ture to perform covenants; nor to a bail bond; nor to an anComeie? nu'y grante deed; nor payment without an acquittance. Hard!333! 13. In debt on a bond to pay money, on or before such a--Cro. Jam. day; payment before the day, to wit, such a day; and it is 377 a good plea. Held, on demurrer. Demurrer withdrawn, 2 WHs. 173. anc a replication allowed on payment of costs. And this 2 BurrTaM Pea was wunout pleading an acquittance, for the condition Blake's case! itself is a defeasance to the bond, that if paid before the day--6 Co. 44. it is to be void. lDougl.214, 14. Pit. must assign a single breach in his replication, in liams r'Wil" certain conditions: as in debt on a bond conditioned, that a servant shall not embezzle any monies he receives of his master's. The obligee must, in an action on such bond, shew in his replication, some particular sum or sums embezzled, and how, and from whom received. See Breach generally; 1 Bos. & P. 640; 8 D. & E. 459; 8 East, 80; 2 Johns. R. 413; 1 D. & E. 753; 2 Saund. 411....
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