 | Great Britain. Bail Court, Alfred Septimus Dowling - 1836 - 850 pàgines
...debet, which is prohibited, but more like the new form given by rule 3 (b), the words of which are, that the defendant may plead " that he never was indebted in manner and (a) Ante, Vol. 3, p.323. (b) Ib. p. 324. 1835. form as in the declaration alleged." The rule is only... | |
 | William Tidd - 1837 - 942 pàgines
...pleading'"; which declare that" the plea of nil debet shall not be allowed in any action ;" and that " in actions of debt on simple contract, other than...alleged; and such plea shall have the same operation as the plea of nun assumpsit in indebitatus assumpsit: and all matters in confession and avoidance... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 pàgines
...But now, by reg. gen. ITil. T. 4 W. 4, the plea of nil débet is abolished, and it is ordered (hat in actions of debt on simple contract, other than...promissory notes, the defendant may plead " that he never wo$ indebted in manner and form as in the declaration alleged," &c. (b). In debt on specialty, the... | |
 | William Tidd - 1837 - 720 pàgines
...plaintiff must prove, on the plea of non est factum, the execution of the deed, in point of fact b ; and in actions of debt on simple contract, other than on bills of exchange and promissory notes, the plea of nunquam indebitatus has the same operation as the plea of non assumpsit in indebitatus assumpsit... | |
 | John Frederick Archbold - 1838 - 682 pàgines
...which make it voidable." 2dly. " The plea of 'nil debet' shall not be allowed in any action." 3dly. In actions of debt on simple contract, other than...exchange and promissory notes, the defendant may plead that,he never was indebted in manner and form as in the declaration alleged' and such plea shall have... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 pàgines
...debt. If the defendant had pleaded the plea substituted by the third clause of this section, viz., that " he never was indebted in manner and form as in the declaration alleged," there would have been no defence on the record, that plea having, in the language of the rule, "the... | |
 | Patrick Brady Leigh - 1838 - 774 pàgines
...debet; but now by Reg. Gen. HT 4 W. IV, the plea of nil debet. is abolished; and it is ordered that in actions of debt on simple contract, other than on bills of exchange and '715 "promissory notes, the defendant may plead that he never was indebted in manner and form as in... | |
 | Patrick Brady Leigh - 1838 - 928 pàgines
...dtbet ; but now by Reg. Gen. HT 4 W. IV. the plea of ml debet is abolished ; and it is ordered that in actions of debt on simple contract, other than on bills of exchange and " Dickenson r. Harrison, 4 Price, c Cooper r. Whitehouse, 6 C. & 282. P. 545. Alderson. k M'Quilliu... | |
 | William Selwyn - 1838 - 802 pàgines
...although it was urged, that debt being an entire thing, it could not be recovered in part. By RGHT 4 W. 4, in actions of debt on simple contract, other than on bills of exchange !ind promissory notes, the defendant may plead, that " he never was indebted in manner and form as... | |
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In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that " he never was indebted in manner and form as in the declaration alleged... 
