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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... "
Reports of Cases Argued and Determined in the English Courts of Common Law ... - Page 210
by Great Britain. Courts - 1854
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

1833 - 560 pages
...or making, or indorsing, or accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpsit, all matters in confession...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,...
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The American Jurist and Law Magazine, Volume 7

1832 - 504 pages
...shall be admissible, except a denial of the goods sold or money lent, &c. in point of fact ; and that in every species of assumpsit all matters in confession...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be specially pleaded. ' In...
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Reports of Cases Argued and Determined in the Court of ..., Issue 10, Volume 6

Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 pages
...the plea of non assumpsit is to operate as a denial of the sale and delivery in point of fact ; and in every species of assumpsit, all matters in confession...transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, must be specially pleaded. One of the general objects of these...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 10

Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 pages
...presenting, or notice of dishonour of the bill or note. * ' ' • 3. In every species of nssumpsti, all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture— release...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - 1834 - 254 pages
...or making, or indorsing, or accepting or presenting, or notice of dishonour of the bill or note. 3d. In every species of assumpsit, all matters in confession...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,...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

1834 - 576 pages
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpeit, 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,,...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court - 1834 - 924 pages
...matters in confes- in assumpsit, sion and avoidance, including not only those by way of f es5 i on and discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of dally, fraud or otherwise, shall be specially pleaded; ex. gr., infancy, coverture,...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1835 - 944 pages
...Under the head of " Pleadings in particular actions " Rule 3 says, " In every species of assumpsil, all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex.gr. Infancy, coverture, release,...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - 1835 - 818 pages
...Dowling, who shewed cause, relied on the rule Hit 4 W. 4., Assumpsit 3. " In every species of assumpsil, all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded." Thomas, in support of the rule. The...
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Reports of Cases Argued and Determined in the Court of ..., Issue 10, Volume 4

Sandford Nevile, Sir William Montagu Manning - 1835 - 1004 pages
...been given in evidence under the general issue ; for by the rule, ASSUMPSIT 3, it is ordered, that " in every species of assumpsit all matters in confession...but those which shew the transaction to be either i;ui>l or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded."...
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