A Treatise On Pleading, And Parties to Actions : With Second And Third Volumes, Containing Precedents of Pleadings, And An Appendix of Forms Adapted to the Recent Pleading And Other Rules; With Practical Notes ...
The book A Treatise On Pleading, And Parties to Actions : With Second And Third Volumes, Containing Precedents of Pleadings, And An Appendix of Forms Adapted to the Recent Pleading And Other Rules; With Practical Notes ... was written by author Chitty, Joseph, 1776-1841 Here you can read free online of A Treatise On Pleading, And Parties to Actions : With Second And Third Volumes, Containing Precedents of Pleadings, And An Appendix of Forms Adapted to the Recent Pleading And Other Rules; With Practical Notes ... book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is A Treatise On Pleading, And Parties to Actions : With Second And Third Volumes, Containing Precedents of Pleadings, And An Appendix of Forms Adapted to the Recent Pleading And Other Rules; With Practical Notes ... a good or bad book?
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, We have already adverted to the statute (s), which gives the Court the power to permit amendments'of errors in setting out written instruments to be made at the trial of the cause (a) ; and the enactment in 3 & 4 W. 4, c. 42, s. 23, should al-o be referred to. i.'lh&inu- 4thly. The innuendo, as "he (meaning- the plaintiff,) &c." also *re- T*Ar\7 1 1'^^''^^ great attention and care (6). It is merely a form or mode of intro- L 4U/ J (jQcing explanation : " It means no more than the words ' id e...st,' ' scili- cet,' or ' meaning,' or ' aforesaid,' as explanatory of a subject-matter suf- ficiently expressed before ; as such a one, meaning the defendant, or such a subject, meaning the subject in question" (c). It is only explanatory of some matter already expressed ; it serves to point out where there is precedent matter, but never for a new charge ; it may apply what is al- ready expressed, but cannot add to or enlarge, or change the sense of the previous words (c/) (1). Thus, where the declaration charged that the slander was " he has forsworn himself, (meaning that the plaintiff had committed wilful and corrupt perjury,") it was held, that as there was no inducement or previous or other statement, that the words related to false swearing in & judicial proceeding, the declaration was bad, for the^HWMew- do could not extend their meaning (e).
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