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Exception

the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786. An exception, in

Equitable claims and defences at Common Law

Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity

Defence

Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint. In Civil matters, a defence (which is always in

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Default

Default, omission of that which a man ought to do; neglect. When a defendant neglects to take certain steps in an action, which are required by the rules of Court, the Court

Deceit

collusion used to deceive and defraud another. In an action of deceit the plaintiff must prove that the defendant has made a false statement, knowing that it was false or without any belief in its truth or

Cruelty

it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the

Nonsuit

court or a judge should otherwise direct, had the same effect as judgment upon the merits for the defendant (English) Jud. Act, 1875, Ord. XLI., r. 6]; but this rule has been rescinded, and it is not

Pone per vadium

Pone per vadium, an obsolete writ to the sheriff to summon the defendant to appear and answer the plaintiff's suit, on his putting in sureties to pro-secute: it was so called

Parties

11). The same Order, XVI., by Rules 48-55, allows the introduction of 'third parties' in cases where the defendant claims any remedy over against any other person. see THIRD PARTY. By the (English) Judicature Act, 1925, s.

Similiter

manner). Formerely when an issue of fact was tendered, the words were as follows: 'and of this the defendant puts himself upon the country'; or thus, 'and this the plaintiff prays may be inquired of by the

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