A Treatise On the Law of Evidence 2

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& C. 25 ; Chase v. Dwinel, 7 Greenl. 134.
3 Shaw v. Woodcock, 9 D. & R. 889 ; 7 B. & C. 73, S. C. ; Amesbury v. Amesbury, 17 Mass. 461 ; Perry v. Dover, 12 Pick. 206 ; Atwater v.
Woodbridge, 6 Conn. 223 ; Elliott v. Swartwout, 10 Pet. 137.
4 Irving v. Wilson, 4 T. R. 485.
5 Smith v. Bromley, 2 Doug. 696, n. ; Cockshott v. Bennett, 2 T. R.
763 ; Stock v. Mawson, 1 B. & P. 286. See Wilson v. Ray, 10 Ad. & El. 82.
6 Astley v. Reynolds, 2 Str. 915 ; 1 Selw. N. P. 83, n.
7 1 Steph. N. P. 335-341; An
...te, § 111 ; 1 Selw. N. P. 84-94; Worcester v. Eaton, 11 Mass. 376; Boardman v. Roe, 13 Mass. 105; Wheaton v. Hibbard, 20 Johns. 290 ; Merwin v. Huntington, 2 Conn. 209.
And see Perkins v. Savage, 15 Wend, 412 ; White v. Franklin Bank, 22 Pick. 181, 186-189.
8 1 Steph. N. P. 330-333, 345.
9 Oughton v. Seppings, 1 B. & Ad. 241.
PART IV.] ASSUMPSIT. 101 since been quashed, or, a judgment, which has since been reversed, the defendant having received the money ; l or, under terror of legal process, which, though regularly issued, did not authorize the collection of the 'sum demanded and paid.


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