Principles of Pleadings in Civil Actions Under the Common-Law System and as Modified and Applied Under Modern Codes and Practice Acts, Introduced by a Summary View of the Proceedings in Legal Actions

Principles of Pleadings in Civil Actions Under the Common-Law System and as Modified and Applied Under Modern Codes and Practice Acts, Introduced by a Summary View of the Proceedings in Legal Actions

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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. 1901 edition. Excerpt: ...a forced analogy to the similar practice in trespass on the case in aemmpsit. (g)'. 152. Replevin.-Lastly, the general issue, non cepit in replevin, applies to the case where the defendant has not, in fact, taken the cattle or goods, or where he did not take them, or have them, in the place mentioned in the declaration. (h) For it will be observed that the declaration alleges that the defendant "took certain cattle or goods of the plaintiff in a certain place called," etc.; (11) and the general issue states that he did not take the said cattle or goods "in manner and form as alleged;" which involves a denial both of the taking and of the place in which the taking was alleged to have been--the place being a material point in this action. (k)' 153. Observations on the general issue.--Such is, in general, the scope and effect in each of the most usual actions of the general dame. But there are still some observations neoessary to complete the reader's view of that subject. It has been seen that in trespass on the case the defendant. is allowed under the general issue to give in evidence matters which do not fall within the strict principle of that plea; and among these, matters confession and avoidance. But it is to be understood with respect to matters of this latter description, that, though allowed, he is in no case obliged to take that course, but may still plead by way of confession and avoidance all such matters as properly fall within the principle of such pleadings; that is, all matters which confess what is adversely alleged, but repel or obviate its legal effect.' Thus, the defendant may in assurnpsit and other actions of trespass on the case plead a release, though it...show more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236759095
  • 9781236759092