A treatise on the parties to actions, and on pleading; with second and third volumes, containing precedents of pleadings, and copious directory notes Volume 3

by Joseph Chitty

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837 edition. ...or any of those in the said plea mentioned, and for and in re-useYofwspect whereof the said supposed judgment in the said plea mentioned was re-tion(r). covered, in manner and form as the said defendant hath above in his said plea alleged. And this the said plaintiff prays may be inquired of by the country, &c. TO XCLEASC. Precludi non, as ante, 1145, first form.--Because he saith, that the said To a plea of supposed writing of release, in the said last plea mentioned, was not nor is the ai factum deed of him the said plaintiff. And this the said plaintiff prays may be inquired of by the country, &c. Precludi non, as ante, 1145, first form.--Because he saith, that the said '""f supposed writing of release, in the said plea mentioned, was had and obtained itwaiobfrom the said plaintiff by the fraud and covin of the said defendant, to wit, at fraud(0(t). &c. (venue) aforesaid. And this, &c--Conclude with a verification, as ante, 1145. Similiter to ihe general issue, as ante, 1145, and precludi non, as ante, 1145, "/"""j first form.--Because he saith, that be the said plaintiff was not nor is indebt-set-oft; nil J J 1 r dtbtt'u). (g) See the forms and the law referred lo in the different form, 2 Rich. C. P. 71. note to the last furm, and ante, 929, note; and 1 (t) Replication that telease was obtained by du Rich. C. P. 203--Morg. 253. Plaintiff rosy pray ress, 2 Rich. C. P. 73. that the court will inspect the record without giv-(u) See the form, Morg. 251.--Where in asine defendant an opportunity to rejoin by travers-sumpsit, for goods sold and delivered, the defendant ing the record, 7 Taunt. 30.--2 Marsh. 354, S. C. pleaded a set-off for more money due to him from J B. & p. 302. 1 Saund. 92 a. the...

292 pages, Paperback

First published August 11, 2015

About the author

Joseph Chitty, aka Joseph Chitty the elder was an English lawyer and one of the first legal writers. His sons Joseph Chitty the younger, Thomas Chitty, Edward Chitty, and Thompson Chitty were also lawyers and legal writers.