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" that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other... "
Reports of Cases Argued and Determined in the Courts of Exchequer ... - Page 361
by Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
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The Laws of the Island of Antigua: Consisting of the Acts of the ..., Volume 1

Law - 1805 - 668 pages
...sue or be sued as fendant may Executor or Administrator, where there are mutual Debts due to or from the Testator or Intestate, and either Party, one Debt...other ; and such Matter may be given in Evidence upon 31st GEO. III. So» asd Particulars of Debt be de!:-rere<l it Dan before TnaL bv Jury, in discount,...
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A Practical Treatise on Pleading in Assumpsit

Edward Lawes - Pleading - 1810 - 890 pages
...plaintiff and defendant, or if either, of the parties sue or be sued as executor or administrator, \vhere there are mutual debts between the testator or intestate and either party, one dcb.t may be set against the other, and such matter may be given, in evidence uppn the general issue,...
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A Practical Treatise on Pleading, in Assumpsit

Edward Lawes, Joseph Story - Contracts - 1811 - 668 pages
...where there are mutual debts, between the plaintiff and defendant, or if either of the parties sue or be sued as executor or administrator, where there are mutual debts between the testator'or intestate and either party, one debt may be sot against the other, and such matter may...
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The Origin, Progress, and Present Practice of the Bankrupt Law ..., Volume 1

Edward Christian - Bankruptcy - 1812 - 398 pages
....where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued a.? executor or administrator, where there are mutual...party, one debt may be set against the other, and said commissioners; and if such first assignee or assignees shall refuse or neglect, by the space of...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 700 pages
...Jones, 13 East, 439. " mutual debts between the plaintiff and defendant, or if *' either party sue, or be sued as executor or administrator, " where there are mutual debts between the testator or in" testate, and either party, one debt may be set against the " other, and such matter may be given...
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Law Miscellanies: Containing an Introduction to the Study of the Law: Notes ...

Hugh Henry Brackenridge - Law - 1814 - 608 pages
...; that where there are mutual debts between the plaintiff and defendant, or if either party sue, or be sued, as executor or administrator, where there...either party, one debt may be set against the other. That of 8 Geo. II. c. 24. extends this provision which had been limited by the former statute to continue...
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An Abridgment of the Law of Nisi Prius, Volume 1

William Selwyn - Nisi prius - 1817 - 728 pages
...him as executor or administrator. The statute 2 G. 2. c. 22. s. 13. says, if either party sues or is sued as executor or administrator, where there are...either party, one debt may be set against the other. It will be observed, that this part of the statute is confined to cases where the party sues or is...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - Actions and defenses - 1817 - 684 pages
...II. c. 23. Where there are mutual debts between plaintiff and defendant, or if either party sue or be sued as executor or administrator) where there...mutual debts between the testator or intestate, and (a) And note, that an admini- (c) And this is now settled that i strator may be declared against as...
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The New Instructor Clericalis: Stating the Authority, Jurisdiction, and ...

John Impey - Civil procedure - 1818 - 996 pages
...sued as executor or administrator, where there are " mutual debU between the testator or intestate, one " debt may be set against the other, and such...issue, or " pleaded in bar, as the nature of the case requires, so " as at the time of his pleading the general issue, " where any such debt of the plaintiff,...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 7

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 696 pages
...that " where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there...either party, one debt may be set against the other :"— nor can it be taken to be a debt due to the defendants at the time of the death of the testator,...
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