 It shall be lawful for the defendant or plaintiff in replevin in any cause in any of the superior Courts in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him...  Statuts de la province du Canada - Sida 174efter Canada - 1856Obegränsad förhandsgranskning - Om den här boken
 | James Edward Davis - 1865 - 188 sidor
...judgment were (b) See the words of sect. 1 of the act, defining the limit in each particular case. obtained, he would be entitled to relief against such judgment on equitable grounds, may, by force of the provisinns of the Common Law Procedure Act, 1854, plead the facts, which entitle... | |
 | Hong Kong. Legislative Council - 1866 - 626 sidor
...Defendant or Plaintiff in fence may be any Cause in Court in which, if Judgment were obtained, he pleaded. would be entitled to Relief against such Judgment...entitle him to such Relief by way of Defence, and the Court is hereby empowered to receive 123 Common Law Procedure. such Defence by way of Plea ; provided... | |
 | Francis Law Latham - 1867 - 324 sidor
...Viet. c. 125), enables the defendant in any case, in which he would be entitled to relief against a judgment on equitable grounds, to plead the facts...entitle him to such relief by way of defence ; and also enables the plaintiff to reply facts which would in equity avoid the plea (d ). The courts of... | |
 | Sir Charles Edward Pollock - 1868 - 906 sidor
...for the defendant or plaintiff in replevin may be pleaded, in any cause in any of the superior courts in which, if judgment were obtained, he would be entitled...of plea ; provided that such plea shall begin with the words " for defence on equitable grounds," or words to the like effect. Equitable defence LXXXIV.... | |
 | Great Britain. Court of Exchequer - 1868 - 778 sidor
...the Common Law Procedure Act, 1854, has enabled a defendant to plead an equitable defence in any case in which, if judgment were obtained, he would be entitled to relief on equitable grounds. Therefore, the question is, whether, as the plaintiffs have elected to prove... | |
 | William Henry Rawle - 1868 - 152 sidor
...shall be lawful for the defendant (or plaintiff in replevin) in any cause in any of the superior courts in which, if judgment were obtained, he would be entitled to relief on equitable grounds, * McGowin v. Remington, 2 Jones, 56. -)- Lord St. Leonards ; Sugden's "Letters... | |
 | Charles Edward Pollock - 1870 - 950 sidor
...defendant or plaintiff in replevin in any cause in any of the superior courts in which, if j udgment were obtained, he would be entitled to relief against...of plea; provided that such plea shall begin with the words "for defence on equitable grounds," or words to the like effect. LXXXIV. Any such matter... | |
 | Albert Venn Dicey - 1870 - 582 sidor
...defendant or plaintiff in re- °' I?.5' . s. 00, oa. plevin in any cause in any of the superior courts in which, if judgment were obtained, he would be entitled...hereby empowered to receive such defence by way of plea " (b), and that " the (x) /We» v. Innet, 11 M. & W. 10. (y) Simsv. Thomas, 12 A. & E. 535 ; Boydv.... | |
 | Great Britain. Courts - 1870 - 694 sidor
...Procedure Act, 1854 (17 & 18 Viet. c. 125), s. 83, makes it lawful for a defendant, in any cause " in which, if judgment were obtained, he would be entitled...which entitle him to such relief by way of defence." But the facts stated in this plea are not such as to entitle the defendant to relief against the judgment... | |
| |
