An Introduction to the Law Relative to Trials at Nisi Prius

An Introduction to the Law Relative to Trials at Nisi Prius

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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. 1788 edition. Excerpt: ...his Bankruptcy, (viz. 2J TM?' "I-arfcin-Apr. 1740, ) was indebted to the Defendant by Bond in j's ' loo/, conditioned to pay jo/, which exceeded the 137. mentioned in the Declaration; and upon Demurrer it was holden, that the Statute for fetting off mutual Debts does not extend to Affignees of Bankrupts, and that thefe can never be confidered as mutual Debts, for where there are mutual Debts, there muft be mutual Remedies, which is not the Cafe here. But by the 5 Geo. 2. c. 30./. 28. Where it (hall appear to the Commiffioners that there has been mutual Credit given by the Bankrupt, and any other Perfon, or mutual Debts between the Bankrupt and any other Perfon, at any Time before fuch Perfon became Bankrupt, the Commiffioners, or the Affignees of the Bankrupt's Eftate, mail ftate the Account between them, and one Debt may be let againft another; and what Ihall appear to be due on the Balance, and no more, fhall be claim-' ed, or paid, on either Side. In Replevin, the Avowant juftified under a Diftrefs Abfolom and for Rent; the Plaintiff at Nijt Prius infifted, that there Knight, E. 16 was more due to him than the Rent amounted to, and 2" c ' Denifon. refufed the Evidence, and upon Motion for a new Trial, the Court held that 2 G. 2. did not extend to the Cafe of a Diftrefs, for that is not an Aftion, but a Remedy witnout Suit; they likewife declared, that it did not extend to Detinue, and the like Aftions of Wrong. In Covenant upon an Indenture for Non-payment of Gower and Rent, the Defendant pleaded Non eft falium, and gave a Ux v. Hunt. Notice of Set-off, Mr. J. Detiton at the Affixes was oflB-204Opinion he could not upon this Iflue; but upon a Motion for a new Trial, the Court held the Evidence ought to have been received, for more

Product details

  • Paperback | 152 pages
  • 189 x 246 x 8mm | 286g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236620380
  • 9781236620385