General Issue - Law Dictionary Search Results
Home Dictionary Name: general issueGeneral issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
De injuria sua propria absque tali causa
De injuria sua propria absque tali causa (of his own wrong, without any such cause as alleged), more compendiously called the traverse de injuria, a species of traverse by replication in pleading, now obsolete, which varied from the common form, and which, though confined to particular actions, and to a particular stage of the pleadings, was of frequent occurrence. It always tendered issue; but, on the other hand, differed (like many of the general issues) from the common form of a traverse, by denying in general and summary terms, and not in the words of the allegation traversed.This species of traverse occurred in the replication in actions of trespass, trespass on the case (including a species of assumpsit), and in the plea in bar in replevin, but was not used in any other stages of the pleadings, See Steph. On Plead.All the advantages of this replication were obtained in every case by joining issue, as provided by the C.L.P. Act, 1852, s. 79, now replaced by R.S.C. 1883, Ord. XIX.,...
Wireless telegraphy
Wireless telegraphy, defined in the Wireless Telegraphy Acts, 1904 (4 Edw. 7, c. 24), s. 7, and 1925 (15 & 16 Geo.5, c. 67), s. 1, as meaning 'any system of communication by telegraph as defined in the Telegraph Acts, 1863 to 1904, without the aid of any wire connecting the points from and at which the messages or other communications are sent and received,' it being also provided that nothing in the Act shall prevent any person from making or using electrical apparatus for actuating machinery or for any purpose other than the transmission, including the reception as well as the sending, of messages. The Act of 1924 prohibits the establishment of any wireless telegraph station, or the establishment or working of any apparatus for wireless telegraphy, in any place or onboard any British ship, except under and in accordance with a licence granted in that behalf by the Postmaster-General. Search-warrants may be issued by order of the Postmaster-General, the Admiralty, Army Council, Air Co...
Express colour
Express colour, in pleading. an evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the (English) Common Law Procedure Act, 1852 (15 & 16 Vict. c. 76), s. 64....
Ne disturba pas
Ne disturba pas, the general issue in quare impedit. It simply denied that the defendant obstructed the presentation, and was adapted to no other ground of defence. see now (English) C.L.P. Act, 1860, ss. 26, 27 and PLEADING....
Ne dona pas, or non dedit
Ne dona pas, or non dedit, the general issue in a formedon, now abolished. It denied the gift in tail to have been made in manner and form as alleged, and was therefore the proper plea, if the tenant meant to dispute the fact of the gift, but did not apply to any other case, 5 East, 289....
Nil debet
Nil debet (he owes nothing), the old form of the general issue in all actions of debt not founded on a specialty. This plea was not allowed after Reg. Gen. T.T. 1853 r. 11....
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
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