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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... "
The Legal Observer, Or, Journal of Jurisprudence - Page 257
1834
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The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - Law - 1835 - 862 pages
...matters in confession and avoidan ^, jnciu(]jng not on]v those by way of discharge, but those Win eh snow ,`רBY k8 o ҈ ! . m @& ~ ~ /! } 6 . L^\ 䒍 ö 2c v86 aGm _ Up g N, ) 9 _ 9 ` ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - Law reports, digests, etc - 1835 - 1218 pages
...avoidance, including not only those by way of discharge, but those which shew the 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 — payment — performance — illegality of consideration,...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 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...not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1835 - 816 pages
...point of law to the contract, of which the 3rd rule under the same head is an exemplification— " All matters in confession and avoidance, including...not only those by way of discharge, but those which shew 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 Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - Law reports, digests, etc - 1835 - 824 pages
...contract alleged may be ODUY. implied by law. It then proceeds, (s. 3) that in every species of assumpsit all matters in confession and avoidance, including...not only those by way of discharge, but those which shew the transaction to be void or voidable in point of law, on the ground of fraud or otherwise, shall...
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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 - Law reports, digests, etc - 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...not only those by way of discharge, but those which shew 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 Courts of Exchequer and ...

Great Britain. Court of Exchequer - Court rules - 1835 - 1150 pages
...aloidan" to those which show the transaction to be either void or voidable in |£'i":cla"Jr Plea(l' point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, perform- gnlimer,te(1. ance, illegality of consideration...
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Reports of Cases Argued and Determined in the Court of ..., Issue 10, Volume 4

Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1835 - 1004 pages
...Gen. HT 4 Will. 4, Assumpsit, 3, it is ordered that, " In every species of assumpsit, all matters of confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...
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A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...denial of the sale and delivery in point of fact." " In every species of assumpsit, all matters of confession and avoidance, including not only those...fraud or otherwise, shall be specially pleaded;— ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute...
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Reports of Argued and Determined in the Courts of Exchequer and ..., Volume 2

Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...contract alleged may be ODDY. implied by law. It then proceeds, (s. 3) that in every species of assumpsit all matters in confession and avoidance, including...not only those by way of discharge, but those which shew the transaction to be void or voidable -in point of law, on the ground of fraud or otherwise,...
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