The Law of Affidavits of Defence, in Pennsylvania

The Law of Affidavits of Defence, in Pennsylvania

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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. 1884 edition. Excerpt: ...DEFENCE.u.1.scan MUST APPEAR PRACTIro AFFIANT..CABLE, PERMISSIBLE. 877. EVASIVI-I AND EQUIVOCAL AVERMENT8. 396. BENEFIT or nousr IN sci. rs. 'r0 an881. now DENIAL on EXISTENCE on comzscr-viva. N1-238 or BOOK ENTRIES FILED is ro as 397. asswsas or-' GARNISHEI-IS. MADE. General Observations. Difference Between Old and New System. What is, in general, a Suflicient Aflidavit of Defence. 356. The most interesting, and at the same time the most delicate questions, presented under the affidavit of defence system, are those involving the sufiiciency of the allegations contained in affidavits of defence, to preclude the plaintiff from obtaining summary judgment, and to entitle the defendant to have his case tried before a jury, or otherwise disposed of according to the forms of the common law. The infancy of the system was marked by great leniency and latitude to the defendant. He was required only to state, in general terms, that he had a defence.' When, under later 'In_Illinois, the 37th section of the vides that in any suit upon contract, Practice Act, R. S. 1874, p. 779, pro-expressed or implied, for the pay rules and statutes, it became necessary to set forth a statement of the nature and character 0 plete revolution was introduced. f the defence relied on, a coin The defendant was no longer to be permitted to judge of the sutficiency of his defence, or to assure the court, in broad terms, that he had such an one, keeping the details of which it consisted to himself. He was obliged to divulge the elements which entered into its composition. Upon the court was thrown the duty of analyzing the whole defence thus presented, and to it was committed the power, of which the defendant was deprived, of deciding upon its sufficiency more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236836979
  • 9781236836977