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" Court shall proceed and give judgment according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect in or lack of form... "
Report of the Trial of the Hon. Samuel Chase, One of the Associate Justices ... - Page 212
by Samuel Chase, Charles Evans - 1805 - 384 pages
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Trial of Samuel Chase: An Associate Justice of the Supreme Court ..., Volume 2

Samuel Harrison Smith, Thomas Lloyd - Impeachments - 1805 - 544 pages
...shall proceed to trial, without tbc formality of a jury, and give judgment upon such j&nrsentment, according as the very right of the cause and. matter in law shall appear to them ; and if the party summoned fails to appear, the court may grve judgment for the penalty."...
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Trial of Samuel Chase: An Associate Justice of the Supreme Court ..., Volume 2

Samuel Harrison Smith, Thomas Lloyd - Impeachments - 1805 - 514 pages
...shall proceed to trial, without fie formality of a jury, and give juvlgment upon such presentment, according as the very right of the cause and matter in law shall appear to them; and if the party summoned fails to appear, the court may give judgment for the penalty.'*'...
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The Monthly Anthology, and Boston Review, Volume 5

Samuel Cooper Thacher, David Phineas Adams, William Emerson - American literature - 1808 - 710 pages
...English statutes of jeofails. The statute of 4 A«n. c. 16, which enjoins the judges to proceed and give judgment, according as the very right of the cause and matter in law shall appear to them, is eipressly confined to cases, wherein a demurrer is joined. There are no expressions in...
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - Parties to actions - 1809 - 550 pages
...any ac. •' tion or suit in any court of record within this realm, the " judges shall proceed and give judgment according as the very " right of the...and matter in law shall appear unto them, " without regarding an9 im/,erfection, omission or deject, in any " writ, return, plaint, declaration or other...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

Virginia, William Waller Hening - Law - 1820 - 614 pages
...complaint in issue: And thereupon, or if he shall fail to plead., the said justices shall instantly proeedc to hear and determine the cause, in a summary way,...and matter in law shall appear unto them, without re' gard to form, or \\ant of form, in the process, petition, or course of proceedings; so as sufficient...
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A Compendium and Digest of the Laws of Massachusetts, Volume 3, Part 2

Massachusetts, William Charles White - Law - 1810 - 208 pages
...by that statute, that after demurrer joined and entered, in any action, the judges shall proceed and give judgment according as the very right of the cause...and matter in law. shall appear unto them, without regarding any imperfection or want of form, except such as the party demurring shall, specially and...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

William Waller Hening - Law - 1819 - 616 pages
...but shall proceed to trial, without the formality of a jury, and give judgment upon such presentment, according as the very right of the cause and matter in law shall appear unto them; and if the party summoned fails to appear, the court may give judgment for the penalty. III. And for...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

Virginia, William Waller Hening - Law - 1819 - 620 pages
...to hear and determine the cause in a summary way, upon such evidence as shall h.- given, and s'lall give judgment according as the very right of the cause and matter in law shall appi-ar unto them, without regard to iorm, or want of form, in the process, petition, or course of...
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A Practical Treatise on Pleading, in Assumpsit

Edward Lawes, Joseph Story - Contracts - 1811 - 668 pages
...judgment, or on general demurrer, the statute declaring that in all cases, the judges shall proceed to give judgment, according as the very right of the cause and matter in law should appear to them, without regarding any imperfection omission or defect, in any declaration, &c....
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The First Part of the Institutes of the Laws of England, Or, A Commentary ...

Sir Edward Coke - Land tenure - 1812 - 642 pages
...court to try the issue first, if they wilL After demurrer joyncd in any court of record, the judges shall give judgment according as the very right of the cause and matter in law shall appeare, without regarding any want of forme in any writ, returne, plaint, declaration, or other pleading,...
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