 | Massachusetts, William Charles White - Law - 1810 - 208 pages
...to one ; that isi if the plea begins as an answer to the whole, which in fact is but an answer to a part ; it is a discontinuance, and the plaintiff must not demur, but take his judgment for that, by nihil dicit ; for if he demurs, or pleads over, the whole action is discontinued. 2. Pleas... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...places, <ind the deft nd ml answer only one, ie if the plea begin only as an answer to part, .ind be in truth but an answer to part, it is a discontinuance, and tlie plaintiff must not demur, but must take his judgment for tliHt by Л /A*/ dicif; f»t fa} Tlic... | |
 | William Tidd - Civil procedure - 1821 - 820 pages
...plea is naught, and the plaintiff may demur : but if a plea begin only as an answer to part, and be in truth but an answer to part, it is a discontinuance,...for the part unanswered, as by nil dicit ; for if he demur, or plead over, the whole action is discontinuedc. Secondly, the plea at common law should be... | |
 | Charles Petersdorff - Law - 1831 - 590 pages
...241. So, where the general issue is pleaded to part, it must specify to what part. If a plea begin only as an answer to part, and is in truth but an answer to part ; or though in law it is an answer to the whole, it is a discontinuance, and the plaintiff must not... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...answer to part, and .is in truth an answer to part, or though in law it is an answer to the whole, it is a discontinuance, and the plaintiff must not demur, but take his judgment for that as by nil dicit. But this rule must be understood with this limitation, that the part of the declaration,... | |
 | William Tidd - Civil procedure - 1837 - 942 pages
...plaintiff, on demurrer, is entitled to judgment a . But if a plea begin only as an answer to part, and be in truth but an answer to part, it is a discontinuance,...for the part unanswered, as by nil dicit; for if he demur, or plead over, the whole action is discontinued b : Secondly, the plea at common law should... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1839 - 824 pages
...only an answer to part, the whole plea is naught, and the Plaintiff may demur ; but if a plea begin only as an answer to part, and is in truth but an...Plaintiff must not demur, but take his judgment for that as by nil dicit."] That onjy shews that the Plaintiff may demur, not that he must ; the rule was... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1840 - 940 pages
...pleaded is only an answer to part, the whole is naught, and the plaintiff may demur ; but if a plea begin only as an answer to part, and is in truth but an...plaintiff must not demur, but take his judgment for that, as by nil dicit." The plaintiff, 1839. by taking issue on the plea for some purposes treats it... | |
 | Great Britain. Bail Court - Civil procedure - 1840 - 940 pages
...pleaded is only an answer to part, the whole is naught, and the plaintiff may demur ; but if a plea begin only as an answer to part, and is in truth but an...discontinuance, and the plaintiff must not demur, but (a) 1 Saund. 28, n. (J) 2 M. & W. 72. take his judgment for that, as by nil dicit." The plaintiff,... | |
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But if a plea begin only as an answer to part, and is in truth but an answer to part... 
