 | Henry Roscoe - 1844 - 910 pàgines
...matters in confession and avoid' ance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded. /'.'.<•. gr. Infancy — coverture — release — payment — performance — illegality of consideration,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1844 - 988 pàgines
...avoidance, including not only those by way of discharge, but those which shew the transaction to be void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded; and the decision in Hemming v. Trenery is in accordance with that rule. If there has once been an express... | |
 | Joseph Chitty - 1844 - 780 pàgines
...avoidance, CAUSE OF including not only those by way of discharge, but those which show the ACTION. transaction to be either void or voidable in point of law, on the ground of Matters in fraud or otherwise, shall be specially pleaded : — ex. gr. infancy, coverture, confession... | |
 | Great Britain. Bail Court - 1846 - 1082 pàgines
...confession and avoidance, including not only those by way and Another, of discharge, but those which shew the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded." The question which arises upon that rule is, whether this plea is in the nature of a plea in confession... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 1046 pàgines
...matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded ; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | Joseph Chitty - 1847 - 1002 pàgines
...the contract, would seem proper to be pleaded specially, as being a matter " showing the transaction either void or voidable in point of law, on the ground of fraud or otherwise;" New Rules, ante, 216, 228 ; see form of plea, Harrison v. Richardson, 1 M. & Rob. 504 ; and see Alcock... | |
 | John Jane Smith Wharton - 1848 - 726 pàgines
...assumpsit, all matters in. confession and avoidance, including not only those by way of discharge, hut those which show the transaction to be either void...of fraud or otherwise, shall be specially pleaded, eg, infancy, coverture, release, payment, performance, illegality of consideration, either by statute... | |
 | 1848 - 1170 pàgines
...matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded" ; that seems to apply to everything which renders a sale void.] LORD DENMAN, CJ — I do not know how... | |
 | Sir Joseph Arnould - 1848 - 780 pàgines
...avoidance, including not only those by way of discharge, but those also which show the transaction to be void, or voidable, in point of law, on the ground...of fraud or otherwise, shall be specially pleaded." (a) Marshall on Ins. 701, 702. (i) Reg. Gen. Hil. Term, 4 W. 4. Pleadings in particular actions ; No.... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
