The Principles of Pleading
The Principles of Pleading
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In our eReader you can find the full English version of the book. Read The Principles of Pleading 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 The Principles of Pleading
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In doing this he does not contradict his own deed. He admits himself to be indebted, as he has said, but prays judgment whether he shall be charged with the debt, because, as he goes on to show, the consideration was one on which the Statute has said he shall not be charged.
It is proper to add that this plea has the property of putting the plaintiff on the proof of his whole case only where the obligee is plaintiff. When suit is brought by an assignee of a bond, the assignment must be denied b...y a separate plea, or it is admitted. So if there be a series of assignments the defendant can only put the plaintiff" on the proof of them all by denying each one in a separate plea.
Nothing of this reasoning applies to debt on simple con- n-art. Here too is an acknowledgment of indebtedness, but this not being made under seal, and the indebtedness being averred, the party is not estopped to deny the fact, and call on the plaintiff for proof of every thing constituting indebtedness. As consideration, in all eases of indebtedness by contract, is indispensable to this, the plaintiff so called on must prove consideration.
What to read after The Principles of Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Beverley Tucker to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
In doing this he does not contradict his own deed. He admits himself to be indebted, as he has said, but prays judgment whether he shall be charged with the debt, because, as he goes on to show, the consideration was one on which the Statute has said he shall not be charged.
It is proper to add that this plea has the property of putting the plaintiff on the proof of his whole case only where the obligee is plaintiff. When suit is brought by an assignee of a bond, the assignment must be denied b...y a separate plea, or it is admitted. So if there be a series of assignments the defendant can only put the plaintiff" on the proof of them all by denying each one in a separate plea.
Nothing of this reasoning applies to debt on simple con- n-art. Here too is an acknowledgment of indebtedness, but this not being made under seal, and the indebtedness being averred, the party is not estopped to deny the fact, and call on the plaintiff for proof of every thing constituting indebtedness. As consideration, in all eases of indebtedness by contract, is indispensable to this, the plaintiff so called on must prove consideration.
What to read after The Principles of Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Beverley Tucker to read onlineMoreLess
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