Cases On Equity Pleading And Practice
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& Lef. 721, 725-727.
Tlie distinction between a demurrer and a plea dates as far back as tlie time of Lord Bacon, by the 58th of whose Ordinances for Farley v. Kittson 187 the Administratio'n of Justice in Cliancery, "a demurrer is properly upon matter defective contained in the bill itself, and no foreign matter; but a plea is of foreign matter to discharge or stay the suit, as that the cause hath been formerly dismissed, or that the plaintiff is outlawed or excommunicated, or there is another... bill depending for the same cause, or the like. " Orders in Chancery (Beames's ed. ) 2G. Lord Redesdale, in his Treatise on Pleadings, says: "A plea must aver facts to which the plaintiff may reply, and not, in the nature of a demurrer, rest on facts in the bill. " Mitford PI. 297. And Mr. Jeremy, in a note to this passage, com- menting on the ordinance of Lord Bacon, observes, "The prominent distinction between a plea and a demurrer, here noticed, is strictly true, even of that description of plea which is termed negative, for it is the affirmative of the proposition which is stated in the bill"; in other words, a plea, which avers that a certain fact is not as the bill affirms it to be, sets up matter not contained in the bill.
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To quickly assess the difficulty of the text, read a short excerpt:
& Lef. 721, 725-727.
Tlie distinction between a demurrer and a plea dates as far back as tlie time of Lord Bacon, by the 58th of whose Ordinances for Farley v. Kittson 187 the Administratio'n of Justice in Cliancery, "a demurrer is properly upon matter defective contained in the bill itself, and no foreign matter; but a plea is of foreign matter to discharge or stay the suit, as that the cause hath been formerly dismissed, or that the plaintiff is outlawed or excommunicated, or there is another... bill depending for the same cause, or the like. " Orders in Chancery (Beames's ed. ) 2G. Lord Redesdale, in his Treatise on Pleadings, says: "A plea must aver facts to which the plaintiff may reply, and not, in the nature of a demurrer, rest on facts in the bill. " Mitford PI. 297. And Mr. Jeremy, in a note to this passage, com- menting on the ordinance of Lord Bacon, observes, "The prominent distinction between a plea and a demurrer, here noticed, is strictly true, even of that description of plea which is termed negative, for it is the affirmative of the proposition which is stated in the bill"; in other words, a plea, which avers that a certain fact is not as the bill affirms it to be, sets up matter not contained in the bill.
What to read after Cases On Equity Pleading And Practice?
You can find similar books in the "Read Also" column, or choose other free books by Bradley Martin Thompson to read onlineMoreLess
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