A Treatise On the Pleadings in Suits in the Court of Chancery By English Bill
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To quickly assess the difficulty of the text, read a short excerpt:
For, In moft cafes, what is a good defence by way of plea, is alfo good as a demurrer, if the fa£ls ap- pear fulficieutly by the bill ".
CHAP. IV. Of Pleaj.
A PLEA is a fpeclal anfwer to a bill, fhewing, or relying upon, one or more things, as a caufe why the fuit fliould be either difmiffed, delayed, or barred p. The defence proper for a plea muft be fuch as reduces the caufe, orfomepartof it, toafmglepoint, and from thence creates a bar to the fuit. The end of a plea is to fave to the parties... the expence of an examination of witnefles at large ; and therefore it is not every good defence in equity that is good as a plea. For where the defence confifts of a variety of circumflances there is no ufe of a plea ; as the examination muft ftill be at large, and the effect of « See Hetley, 139. Bill v. 3 Atkyns, 226. Sir Atwell Lake, But fee p Prac. Reg. 273.
allowing ( 8o ) allowing a plea will be, that the court will give judgment on the circumftances of the cafe before they are made out by proof ''.
What to read after A Treatise On the Pleadings in Suits in the Court of Chancery By English Bill?
You can find similar books in the "Read Also" column, or choose other free books by John Mitford Redesdale to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
For, In moft cafes, what is a good defence by way of plea, is alfo good as a demurrer, if the fa£ls ap- pear fulficieutly by the bill ".
CHAP. IV. Of Pleaj.
A PLEA is a fpeclal anfwer to a bill, fhewing, or relying upon, one or more things, as a caufe why the fuit fliould be either difmiffed, delayed, or barred p. The defence proper for a plea muft be fuch as reduces the caufe, orfomepartof it, toafmglepoint, and from thence creates a bar to the fuit. The end of a plea is to fave to the parties... the expence of an examination of witnefles at large ; and therefore it is not every good defence in equity that is good as a plea. For where the defence confifts of a variety of circumflances there is no ufe of a plea ; as the examination muft ftill be at large, and the effect of « See Hetley, 139. Bill v. 3 Atkyns, 226. Sir Atwell Lake, But fee p Prac. Reg. 273.
allowing ( 8o ) allowing a plea will be, that the court will give judgment on the circumftances of the cafe before they are made out by proof ''.
What to read after A Treatise On the Pleadings in Suits in the Court of Chancery By English Bill?
You can find similar books in the "Read Also" column, or choose other free books by John Mitford Redesdale to read onlineMoreLess
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