General rules of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas; since the statute 11 Geo. IV & 1 W. IV c. 70: with introductory ... and is affected by the above rules ...

 
9781130585520: General rules of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas; since the statute 11 Geo. IV & 1 W. IV c. 70: with introductory ... and is affected by the above rules ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1832 Excerpt: ...the declaration, but only the nature "of the action stated, in manner following: viz. 'A. B. mas at"tached to answer C. D. in a plea of trespass e, or in a plea of "trespass and ejectment f,' or as the case may be; and any further "statement shall not be allowed in costs." It having been found, that declarations in actions upon bills of Form of declarexchange, promissory notes, and the counts usually called the com-n(' &t. S ' mon counts, occasioned unnecessary expense to parties, by reason of Prac. 440. their length, and that the same might be drawn in a more concise form; it was, for the prevention of such expense, ordered by a late rule of all the courts s, that "if any declaration in as"sumpsit, hereafter filed or delivered, being for any of the demands "mentioned in the schedule of forms and directions annexed to that "order h. or demands of a like nature, shall exceed in length such Com. Dig. tit. Pleader, C. 12. 774, 5. 1 Cromp. & J. 474, 5. » R. M. 1654. § 12. K. B. » Append. § 23,4. And for precedents c R. M. 1654. § 16. C. P. of declarations, in asjumfisit and debt, upon "R. H. 2 W. IV. reg. IV. bills of exchange, and promissory notes, e Append. § 21. &c., and on the common counts, see Mr. f Id. § 22. HennelVs useful collection of Forms, pre B R. T. 1 W. IV. reg. X. 7 Bing. pared in conformity with the above rule. Ch. XVII. "of the said forms, set forth or directed in the said schedule, as may "be applicable to the case; or if any declaration in debt, to be so "filed or delivered, for similar causes of action, and for which the "action of assumpsit would lie, shall exceed such length, no costs "of the excess shall be allowed to...

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