A Treatise On the Maryland, Simplified, Preliminary Procedure And Pleading, in Courts of Law
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In our eReader you can find the full English version of the book. Read A Treatise On the Maryland, Simplified, Preliminary Procedure And Pleading, in Courts of Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Treatise On the Maryland, Simplified, Preliminary Procedure And Pleading, in Courts of Law
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What the degree of particu- larity must be in each case can be determined by no rule.
Less particularity is, however, required where the breach lies more in the Defendant's than the Plaintiff's knowledge.
At the Common Law, in an action on a bond with a con- dition for the performance of any thing, the Plaintiff could assign only one breach of the condition ; because the bond was forfeited by the breach of one covenant as much as of several covenants; and the assignment of more than one breach ...would make the declaration bad for duplicity.* The Plaintiff therefore, because of one breach, had judgment to recover the penalty of the bond together with his costs; and was entitled to take out execution for the whole without any regard to the damage which he had actually sustained by the breach of covenant. The Defendant was therefore con- strained to go into equity to obtain relief against an uncon- scientious demand of the whole penalty in cases where small damages only had accrued. In order therefore to protect Defendants against such unconscientious judgments, the Statute 8 & 9 W.
What to read after A Treatise On the Maryland, Simplified, Preliminary Procedure And Pleading, in Courts of Law?
You can find similar books in the "Read Also" column, or choose other free books by Samuel Tyler to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
What the degree of particu- larity must be in each case can be determined by no rule.
Less particularity is, however, required where the breach lies more in the Defendant's than the Plaintiff's knowledge.
At the Common Law, in an action on a bond with a con- dition for the performance of any thing, the Plaintiff could assign only one breach of the condition ; because the bond was forfeited by the breach of one covenant as much as of several covenants; and the assignment of more than one breach ...would make the declaration bad for duplicity.* The Plaintiff therefore, because of one breach, had judgment to recover the penalty of the bond together with his costs; and was entitled to take out execution for the whole without any regard to the damage which he had actually sustained by the breach of covenant. The Defendant was therefore con- strained to go into equity to obtain relief against an uncon- scientious demand of the whole penalty in cases where small damages only had accrued. In order therefore to protect Defendants against such unconscientious judgments, the Statute 8 & 9 W.
What to read after A Treatise On the Maryland, Simplified, Preliminary Procedure And Pleading, in Courts of Law?
You can find similar books in the "Read Also" column, or choose other free books by Samuel Tyler to read onlineMoreLess
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