 Every plea should be so pleaded as to be capable of trial, and, therefore, must consist of matter of fact the existence of which may be tried by a jury on an issue, or the sufficiency of which as a defence may be determined by the court upon demurrer,...  Reports of Cases Determined in the Appellate Courts of Illinois - Page 529by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Christopher Cahill, James Max Henderson, Ray Smith - 1910Full view - About this book
 | Joseph Chitty - Forms (Law) - 1819 - 544 pages
...direct denial of the substance and gist of the declaration or plea' which is tobe answered(y). 7th ly, Every plea should be so pleaded as to be capable of trial, and7thly, Must therefore must consist of matter of fact, the existence of which may tried by a jury... | |
 | Esek Cowen - Justices of the peace - 1821 - 804 pages
...Dunlap's 5 Taunt. 228. Vide also NYPaci. -162, 3. Cro. Jac. 8«. (M) Vide I Chilly's pi. 51S, 19. 7. Every plea should be so pleaded as to be capable of trial, that is to say, it should contain matter of fact, the existence of which may be tried by a jury, or... | |
 | Vermont. Supreme Court, Asa Aikens - Law reports, digests, etc - 1827 - 440 pages
...run at large there by the plaintiff. It is an elementary principle in pleading, that every plea must be so pleaded as to be capable of trial, and, therefore, must consist of matter of fact, the truth of which may be tried by a jury as an issue, or its sufficiency,... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...Traverses. An argumentative plea is aided after verdict, and upon a general demurrer (p)(962). Stnly. Every plea should be so pleaded as to be capable of trial, and therefore must consist of matter of fact, the existence of which may be tried by a capable of jury on an issue (963),... | |
 | Esek Cowen - Justices of the peace - 1841 - 698 pages
...&-c.(j) Notwithstanding this rule, however, an argumentative plea is good on general demurrer. (A) 7. Every plea should be so pleaded as to be capable of trial, that is to say, it should contain matter of fact, the existence of which may be tried by a justice... | |
 | Joseph Chitty - Forms (Law) - 1851 - 900 pages
...argumentative plea is aided after verdict, and upon a general demurrer (p) (1). ?Jhly\ capable of trial. Sthly. Every plea should be so pleaded as to be capable of trial, and therefore must consist of matter of fact, the existence of which may be tried by & jury on an issue (2), or the sufficiency... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 512 pages
...conjunction with him, signed the petition. It is an elementary principle in pleading, that every plea must be so pleaded as to be capable of trial ; and, therefore, must consist of matter of fact, the existence of which may be tried by a jury, as an issue ; or its sufficiency,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 620 pages
...on the ground suggested in 1 Chitty on Pleading, 7th edit.. by Greening, p. 5156, where it is said that, "Every plea should be so pleaded as to be capable of trial, and therefore must consist of matter of fact, the existvnce of which may be tried by a jury on an issue, or the sufficiency... | |
 | Insurance law - 1876 - 968 pages
...insisted on in the argument. We think the plea was clearly defective and the demurrer properly sustained. It is an elementary rule of pleading that " every...pleaded as to be capable of trial, and therefore must consist of matter of fact, the existence of which may be tried by a jury on an issue, or the sufficiency... | |
 | Benjamin Russell - 1885 - 606 pages
...truth of the allegations, and by the court who are to give judgment," and, at p. 566 : " Every pica should be so pleaded as to be capable of trial, and, therefore, mast consist of matter of fact the existence of which may be tried by a jury on an issue, or the sufficiency... | |
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