Common Law Pleading Its History And Principles Including Diceys Rules Conce

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Common Law Pleading Its History And Principles Including Diceys Rules Conce
R Ross Richard Ross Perry
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Special pleading was conceived, when a downright No ! (a \ thwertutnay^ as it was called) was the one possible answer to the plaintiff's tale; until our own day it remained tli©"' indispensable preliminary to every possible answer.^ Examination of the Plaintiff's Suit.
If the defendant wished to rely upon this original com- mon traverse, this thereto-nay, or defence, he might demandl an examination of the plaintiff's suit. He may object that J no suit at all has been produced. In such cases he
...insists] that he is not bound to answer the nude parole (naked word)' of the plaintiff. If suit has been produced, the defendant can demand that it be examined, but in so doing he aban- dons every other defence. This demand would have led to a purely formal and indisputable oath on the part of the suitors, and if they duly pronounced the necessary formal 1 p. & M. Hist. II. 603, 604 ; Thay. 2 p. & m. Hist. IT. 605.
Jury, 10-13. » Ibid. II. 605, 606.
A 170 COMMON-LAW PLEADING.
words of this oath, the defendant lost his case.


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