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" Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently... "
A treatise on the principles of pleading in civil actions - Page 166
by Henry John Stephen - 1824
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - Law reports, digests, etc - 1829 - 682 pages
...verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by verdict. These authorities (A) clearly establish that, after verdict, this declaration is sufficient,...
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Cases in the Exchequer

EDWARD YOUNGE, JOHN JERVIS - 1829 - 672 pages
...verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by verdict. These authorities (6) clearly establish that, after verdict, this declaration is sufficient,...
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New Reports of Cases Heard in the House of Lords: On Appeals and ..., Volume 8

Great Britain. Parliament. House of Lords, Richard Bligh - Law reports, digests, etc - 1829 - 1000 pages
...stating that matter in express terms in a de" claration, provided that it contains terms suffi" ciently general to comprehend it in fair and " reasonable intendment, will be cured by verdict; " and where a general allegation must, in fair con" struction, so far require to be restricted...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...LYME REGIS by verdict; and, where a general allegation must, in fair HENLEY. construction, so f:ir require to be restricted that no Judge and no jury...properly treated it in an unrestrained sense, it may reasonably be presumed after verdict that it was so restrained at the trial; but, unless the allegation...
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Reports of Cases Heard and Decided in the House of Lords on ..., Volume 2

Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1835 - 794 pages
...there the want of stating that matter in express terms in a declaration, provided that it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by verdict; and where a general allegation must, in fair construction, so far require to be restricted,...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...there the want of stating that matter in express terms in a declaration, provided that it contains terms sufficiently general to comprehend it in fair and. reasonable intendment, will be cured by verdict; and where a general allegation must, in fair construction, so far require to be restricted,...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

United States. Circuit Court (1st Circuit), Charles Sumner - Law reports, digests, etc - 1836 - 634 pages
...verdict, there the want of stating that matter in express terms in the declaration, provided it contains terms sufficiently general to comprehend it in fair...reasonable intendment, will be cured by a verdict." In Sergeant Williams's Notes to 1 Saunders R. 228, a, it is said, in relation to the same subject,...
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New Reports of Cases Heard in the House of Lords: On Appeals and ..., Volume 8

Great Britain. Parliament. House of Lords, Richard Bligh - Law reports, digests, etc - 1837 - 1002 pages
...stating that matter in express terms in a de" claration, provided that it contains terms suffi" ciently general to comprehend it in fair and " reasonable intendment, will be cured by verdict; " and where a general allegation must, in fair con" struction, so far require to be restricted...
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - Legal maxims - 1845 - 544 pages
...Plead., 5th 11 East, 246 ; 2 Bla. Com. 368 : of a ed., 161. parish certificate, Rex v. Upton Gray, ment, will be cured by a verdict ; and where a general allegation...properly treated it in an unrestrained sense, it may reasonably be presumed after verdict that it was so restrained at the trial (if). General Instances...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1852 - 616 pages
...terms sufficiently general to comprehend it in a fair and reasonable intendment, will be cured by the verdict ; and where a general allegation must, in...properly treated it in an unrestrained sense, it may reasonably be presumed after the verdict that it was so restrained at the trial.4 In every case, indeed,...
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