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Synopsis
A Treatise On The Replication De Injuriâ by William Thomas Kime. This 1843 legal treatise collects authorities and judgments on the replication de injurié, a concise traverse used in pleadings to deny excuses and to test the validity of a defendant's justification. Grounded in the leading case Croagte’s case and the classic decision Selby V Bardons, the book surveys when a replication is proper or improper, and explains several negative rules: that matter of record cannot be traversed as part of the plea; that a defendant who claims an interest in land or a power derived from the plaintiff cannot be met with a general replication; that authority derived from law or from a stranger has limited reach; and that issues should not multiply beyond single points. The author compiles numerous reported cases, inserts full pleadings and key judgments, and discusses the role of demurrers and evidence. The volume aims to broaden students' and practitioners' grasp of pleading in actions arising out of torts like trespass and replevin, and to provide a structured reference to the rules governing de injurié.
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A Treatise on the Replication De Injuri?
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A Treatise on the Replication De Injuriâ
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HardPress Ltd, 2021
ISBN 10: 0371749700
ISBN 13: 9780371749708
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Treatise on the Replication De Injuriâ
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