A Digest: Or [!] the Law Relative to Pleading and Evidence in Civil Actions

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Gould, Banks & Company, 1838 - Evidence (Law). - 648 pages
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Page 21 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 180 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 6 - And be it further enacted, that no descent cast, discontinuance or warranty which may happen or be made after the said 31st day of December, 1833, shall toll or defeat any right of entry or action for the recovery of land.
Page 21 - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at [ *2S9 ] which the right to make such entry or distress, or to * bring such action, shall have first accrued...
Page 130 - Act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee as is now usually done...
Page 179 - 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 pleaded ; ex.
Page 29 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 405 - Fiat, shall be received in Evidence in any Court of Law or Equity, unless the same shall have been first entered of Record in the Court of Bankruptcy as aforesaid.
Page 65 - That an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained...
Page 26 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.

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