A Treatise on the Limitations of Actions at Law and Suits in Epuity and Admiralty; With an Appendix Containing the American and English Statutes of Limitations

A Treatise on the Limitations of Actions at Law and Suits in Epuity and Admiralty; With an Appendix Containing the American and English Statutes of Limitations

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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. 1876 edition. Excerpt: ...plea of non assumpsit, &c., may be insufficient, as the promise may have preceded the cause of action;3 so is the first-mentioned plea to be preferred to the plea of " not guilty " within six years, in actions upon tort, as the action may be for the consequences of the act originating the tort. Thus, to a declaration in an action on the case founded in tort, a plea of not guilty of the supposed grievances in the declaration mentioned, within six years before the action, was held bad on special demurrer.4 Where the plaintiff complained, in a plea of trespass, for that the defendant, with force of arms, assaulted and seduced the plaintiff's wife, whereby he lost the comfort of her society, &c., against the peace, &c., to his damage, &c.; whether this be trespass or case, the plea of not guilty, infra sex annos, is at any rate good on general demurrer.5 Where words are actionable in themselves, the time is reckoned from the speaking of the words; but where the special damage is the gist of the action, it is not sufficient for the defendant to aver in his plea, that he did not speak the words within six years, because, though that was the fact, the special damage which is the cause of action may have arisen within six years. It is therefore requisite that he should plead, that the cause of action did not accrue within that limitation.6 1 Tidd's Practice, 5. - Metcalf s ed. of Starkie on Evidence, vol. iii. p. 1308, n. 1. When a daughter is seduced, the cause of action accrues, not at the time of the seduction, but when the loss occurs. Hancock v. Wilhoite, 1 Duval (Ky.), 313. 3 See preceding chapter. 1 Dyster p. Battye, 3 Barn. & Aid. 448. In an action on the case against an officer for not returning on execution, plea of " not guilty within, ..".show more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236667743
  • 9781236667748