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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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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...third section, which provides that, " in every species of assumpsit, all matters in confession 1838. 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 Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - Law reports, digests, etc - 1839 - 770 pages
...arises from matter of fact only, and operates as a discharge from the contract rather than as shewing the transaction to be either void or voidable in point of law, because the transaction itself, which is the original, was neither void nor voidable in point of law....
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Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Volume 1

Joseph Chitty, Tompson Chitty - Civil procedure - 1839 - 564 pages
...3. In every species of assampsrt, afl mailers in confession and avoidance, ¡нюгвТп*' eluding not only those by way of discharge, but those which show the Iransacfemion anil tion'lo be either void or voidable in point of law, on the ground of fraud or svoidanee...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - Partnership - 1840 - 1016 pages
...must be specially pleaded ; that is to say, not only matters 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; as, for instance, infancy, coverture, release, payment, performance, illegality of consideration, drawing,...
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Commentaries on the Laws of England: In the Order, and Compiled from the ...

William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...allowed in any action; Reg. Gen. HT 4 Wm. 4. See the next note. (t) 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 either void or voidable in point of law, on the ground of fraud or otherwise,...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 3

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1068 pages
...think that fact covered by the denial of the indorsement.] Under the new rules those matters *hich shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, are 1841. ALOOCK v. ALCOCK. 270 1841. ALCOCK. v. ALCOCK. to be specially pleaded, (a) \Bosanquet J....
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 6

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1841 - 900 pages
...be implied by law. The third rule enacts, that all matters in confession and avoidance, which shew the transaction to be either void or voidable in point of law, shall be specially pleaded. Now here there is an express promise, and the defendant seeks to get rid...
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Borough court rules [for Wells] made, allowed, and confirmed in pursuance of ...

sir Peter Stafford Carey - 1841 - 112 pages
...confession and but those which show the transaction to be either void or void- pieaded^ne-116 able in point of law, on the ground of fraud or otherwise, shall daily. be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality...
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An Abridgment of the Law of Nisi Prius, Volume 1

William Selwyn - Nisi prius - 1842 - 784 pages
...presenting, or notice of dishonour of the bill or note. 3. In every species of assumpsit, all matters of confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration, either by...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Volume 1

Thomas Starkie - Evidence (Law) - 1842 - 1186 pages
...presenting, or notice of dishonour of the hill Rules of or note (d). Court3. In every species of attaanpgit, all matters in confession and avoidance, including...or voidable in point of law, on the ground of fraud (e) or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture — release — payment...
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