 | Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 páginas
...Romilly and Owen for the Plaintiff. The same strictness in pleading is required. in equity as at law. " All the facts necessary to render the plea " a complete...issue upon it, must be clearly and distinctly averred, (a) Who ever heard of pleading bankruptcy, in the general language that this plea uses ? Such a plea... | |
 | Henry Maddock - 1827 - 520 páginas
...aver facts to which the Plaintiff may reply, and not like a Demurrer rest on facts in the Bill (//). All the facts necessary to render the Plea a complete...equitable bar to the Case made by the Bill, so far as the Bill extends, must be clearly and distinctly averred (e), so that the Plaintiff may take issue upon... | |
 | Joseph Story - 1838 - 660 páginas
...clearly and distinctly aver all the facts necessary to render the plea a complete equitable defence to the case made by the Bill, so far as the plea extends ; so that the plaintiff may, if he chooses, take issue upon it.2 Averments are also necessary to exclude... | |
 | Joseph Story - 1844 - 1252 páginas
...clearly and distinctly aver all the facts necessary to render the plea a complete equitable defence to the case made by the Bill, so far as the plea extends ; so that the plaintiff may, if he chooses, take 1 Cooper, Eq. PI. 226. » Ante, § 662. :» Mitf.... | |
 | Edmund Robert Daniell - 1846 - 724 páginas
...convey his meaning, provided they are adequate to the purpose, (x) All the parts, however, which are necessary to render the plea a complete equitable...case made by the bill, so far as the plea extends, must be clearly and distinctly averred, in order that the plaintiff may take issue upon it. (w) And... | |
 | Edmund Robert Daniell - 1846 - 856 páginas
...substance the same strictness is required in Equity as at Law. Burditt v. Grew, S Pick. 108. General der the plea a complete equitable bar to the case made by the bill, so far as the plea extends, must be clearly and distinctly averred, in order that the plaintiff may take issue upon it (e). And... | |
 | John Bouvier - 1854 - 756 páginas
...plea must distinctly aver all the facts necessary to render a plea a complete and equitable defence to the case made by the bill, so far as the plea extends ; so that, if he chooses, the plaintiff may take issue upon it. Averments are likewise necessary to... | |
 | Edmund Robert Daniell, Thomas Emerson Headlam, Leonard Field - 1871 - 994 páginas
...validity.6 Under the present practice, if no interrogatories are filed, the defendant need only aver the facts necessary to render the plea a complete equitable bar to the case made by the bill, and need not put in any answer in support of the plea. If interrogatories are filed, the principles... | |
 | 1884 - 770 páginas
...been dismissed. "In pleading, (says Mitf. Plead. 237,) there must be the same strictness inequity, as at law ; at least in matter of substance." ''A...plea before us, and all doubt of its insufficiency 7nust instantly vanish. Its defects are equally obvious, by comparing it with the precedent of a plea,... | |
 | Charles Fisk Beach (Jr.) - 1894 - 800 páginas
...and directly negative or traverse the facts inconsistent with the facts alleged.' In a plea in bar all the facts necessary to render the plea a complete equitable bar must be clearly and distinctly averred in order that the complainant may take issue upon them.' An... | |
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All the parts, however, which are necessary to render the plea a complete equitable bar to the case made by the bill, so far as the plea extends, must be clearly and distinctly averred, in order that the plaintiff may take issue upon it. 
