| Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1842 - 830 pages
...out ' by statute' on the first plea." — He submitted that the several statutes allowing defendants to plead the general issue and give the special matter in evidence, intended to give them a boon, which it was not competent to the judges by rule of court to deprive... | |
| Jeremy Bentham - 1840 - 362 pages
...every instance in which, by a clause in an act of parliament, a licence has been given to the defendant to plead the general issue, and give the special matter in evidence, — the delay and expense attached to special pleading has, by the literal import of the words, been... | |
| Joseph Chitty - Forms (Law) - 1844 - 780 pages
...empowering the judges to make new rules in pleading, contains (sect. I,) an express reservation of the right to plead the general issue and give the special matter in evidence where authorized by itatute, and Keg. Gen. Hil. T. 4 W. 4, repeats that exception; and accordingly,... | |
| Great Britain. Bail Court - Civil procedure - 1845 - 900 pages
...section of the 14 Geo. 3, c. 78, which enables a party sued for anything done in pursuance of that act, to plead the general issue, and give the special matter in evidence (6). The distinction between (a) Enacts, " that so much of any clause or provision in any act or acts... | |
| John Smith Furlong - Landlord and tenant - 1845 - 666 pages
...or disposal of any goods or chattels thereupon, it shall be lawful for the defendant in such actions to plead the general issue, and give the special matter in evidence ; and in case the plaintiff in such action shall become nonsuit, discontinue, or have judgement against... | |
| William Selwyn - Civil procedure - 1845 - 890 pages
..."by statute," cannot be pleaded together with special pleas (d). Where a statute enables defendants to plead the general issue and give the special matter in evidence, the plea of Not Guilty, so pleaded, is not affected by the new rules of Hil. 4 Will. IV. but has the... | |
| Nicholas Hill, New York (State). Supreme Court - Law reports, digests, etc - 1845 - 726 pages
...justified as a constable, by virtue of an execution, under the statute which allows public officers to plead the general issue and give the special matter in evidence. The jury having found for the plaintiff in respect to one parcel of the property, and for the defendant... | |
| John Frederick Archbold - Landlord and tenant - 1846 - 504 pages
...chattels thereupon, — it shall and may be lawful to and for the defendant or defendants in such actions to plead the general issue, and give the special matter in evidence ; any law or usage to the contrary notwithstanding : And in case the plaintiff or plaintiffs in such... | |
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