This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...P. 578, and affirmed 1n Belnap (c1 3 C. & P. 505. vs. Wendell, t Fos. (N. H.) t8t. (d) See subject d1scussed under Cuse. on a o. a P. 414. (e) nu. a u. ms. 1. This case, together with Fowler vs. Coster, being on pleas in abatement, can hardly be said to contribute anything to the learned author's ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...P. 578, and affirmed 1n Belnap (c1 3 C. & P. 505. vs. Wendell, t Fos. (N. H.) t8t. (d) See subject d1scussed under Cuse. on a o. a P. 414. (e) nu. a u. ms. 1. This case, together with Fowler vs. Coster, being on pleas in abatement, can hardly be said to contribute anything to the learned author's argument. He has no doubt overlooked their peculiar character which necessarily makes them afiirmative pleas independent of damages. The moment the plea is interposed, the defendant, having by the plea confessed a cause of action, depends upon his plea to keep judgment by default from being taken against him. If he sutuins his plea, the judgment is that the suit abate, Larco vs. Clements, 30 Cal. 132. And common sense dictates that this A defendant being a tax collector, in trespass for executing his warrant for taking the goods of the plaintiff, who pleads the general issue and files a brief statement in defence, has the right to open and close, Bangs vs. Snow, 1 Mass. 182. Sedgwick, J., said: "The present mode of proceeding is, by the statute, a substitute for special pleading; the defendant takes the afiirmative and ackno1vledges everything the plail1tiff has to prove." Sec.', ver vs. Austin. 6 Pick. '-."!3_ ton vs. James.(u) But Denman, C. J., said, that " he recolleeted being in a case subsequent to that before Lord Tenterden, in which it was decided that the plaintiff should begin unless the damages were admitted. That he was aware of the difference in the decisions, but that his opinion was that the plaintiff should begin." 54. N ow here it must be remarked, that as the case alluded to by the Lord Chief Justice is not before us, we can form no judgment as to its applicability to the...
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