A Practical Treatise On the Settling of Evidence for Trials At Nisi Prius And
A Practical Treatise On the Settling of Evidence for Trials At Nisi Prius And
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It may, however, be observed in general, that almost every Plea which is good in Assump- sit in Discharge of a Debt, is Evidence in this Action ; and by referring to them there, the Rules for settling the Evidence will be found at length.
CHAP. IV. ] Of the Evidence in Covenant, &c. 139 CHAPTER IV.
OF SETTLING THE EVIDENCE IN THE ACTION OF CO- VENANT.
A. N Action of Covenant must be founded on a Deed, and it must be so stated in the Declaration, () Non est factum is pleaded in almost every inst...ance. The Plain- tiff must prove the execution of it by calling the subscribing witness ; subject, however, to the exceptions before- mentioned in the preceding Chapter. Vid. Ante, page 134. For Cases in which it is not required to call him. (6) Covenants being for various purposes, it is impossible to put particular Cases, some few leading ones excepted. General Rules can only be given : therefore 1. Where the Plaintiff assigns a breach generally in the words of the Covenant, and specifies how it has been done, his Evidence must correspond with his particular state- ment of the breach.
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To quickly assess the difficulty of the text, read a short excerpt:
It may, however, be observed in general, that almost every Plea which is good in Assump- sit in Discharge of a Debt, is Evidence in this Action ; and by referring to them there, the Rules for settling the Evidence will be found at length.
CHAP. IV. ] Of the Evidence in Covenant, &c. 139 CHAPTER IV.
OF SETTLING THE EVIDENCE IN THE ACTION OF CO- VENANT.
A. N Action of Covenant must be founded on a Deed, and it must be so stated in the Declaration, () Non est factum is pleaded in almost every inst...ance. The Plain- tiff must prove the execution of it by calling the subscribing witness ; subject, however, to the exceptions before- mentioned in the preceding Chapter. Vid. Ante, page 134. For Cases in which it is not required to call him. (6) Covenants being for various purposes, it is impossible to put particular Cases, some few leading ones excepted. General Rules can only be given : therefore 1. Where the Plaintiff assigns a breach generally in the words of the Covenant, and specifies how it has been done, his Evidence must correspond with his particular state- ment of the breach.
What to read after A Practical Treatise On the Settling of Evidence for Trials At Nisi Prius And?
You can find similar books in the "Read Also" column, or choose other free books by Isaac 'espinasse to read onlineMoreLess
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