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" And the defendant shall be entitled in all cases by answer to insist upon all matters of defense (not being matters of abatement, or to the character of the parties, or matters of form) in bar of or to the merits of the bill, of which he may be entitled... "
Equity Practice in the United States Circuit Courts: A Compilation of the ... - Page 98
by Oliver Perry Shiras - 1889 - 149 pages
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Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - Equity - 1844 - 970 pages
...answer to insist upon all matters of defence (not being matters of abatement, or to the character of the parties, or matters of form) in bar of or to the...a plea in bar ; and in such answer he shall not be compcllable to answer any other matters, than he would be compellable to answer and discover upon filing...
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Pleading and Practice of the High Court of Chancery, Part 185, Volumes 1-3

Edmund Robert Daniell - Equity pleading and procedure - 1846 - 856 pages
...being matters of abatement, or to the character of the parties, or matters of form,) in bar of a plea to the merits of the bill, of which he may be entitled to avail himself by a plea in bar," &c. insufficiency (g). This construction, however, of the order can- Rule not be considered as established,...
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The American Law Register, Volume 3

Electronic journals - 1855 - 804 pages
...express rule permits a defendant to insist upon all matters of defence in his answer, either in law or to the merits of the bill of which he may be entitled to avail himself by plea. Whenever a plea will protect him from discovery, his answer will have the same effect. It is...
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Pleading and Practice of the High Court of Chancery, Volume 1

Edmund Robert Daniell, Thomas Emerson Headlam, Leonard Field - Equity pleading and procedure - 1871 - 994 pages
...answer to insist upon all matters of defence (not being matters of abatement, or to the character of the parties, or matters of form) in bar of or to the...a plea in bar; and in such answer he shall not be compilable to answer anv other matters than he would be compellaMc to answer and discover upon tiling...
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The Doctrine of Equity: A Commentary on the Law as Administered by the Court ...

John Adams - Equity - 1873 - 930 pages
...upon all matters of defence (not being matters of abatement, or to the character of the parties, or of matters of form) in bar of, or to the merits of the...a plea in bar ; and in such answer he shall not be compcllablc to answer any other matters than he would be compcllablc to answer :ind discover upon filing...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 14

Florida. Supreme Court - Law reports, digests, etc - 1887 - 738 pages
...answer to insist upon all matters of defence (not being matters of abatement, or to the character of the parties, or matters of form,) in bar of, or to...be compellable to answer and discover upon filing a pleain bar, and an answer in support of such plea, touching the matters set forth in the bill, to avoid...
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Cases Argued and Determined in the Circuit Courts of the United ..., Volume 1

United States. Circuit Court (5th Circuit), William Burnham Woods - Law reports, digests, etc - 1875 - 796 pages
...that "the defendant shall be entitled in all cases, by answer, to insist upon all matters of defense in bar of or to the merits of the bill of which he...may be entitled to avail himself by a plea in bar," have filed an answer in which they set up in bar of the complainant's claim, the statute of limitation...
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History of a Suit in Equity from Its Commencement to Its Final Termination

Charles Barton - Court rules - 1877 - 280 pages
...answer to insist upon all matters of defense (not being matters of abatement or to the character of the parties, or matters of form) in bar of or to the...other matters than he would be compellable to answer und discover upon filing a plea in bar, and an answer in support of such plea, touching the matters...
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Rules of the Circuit and District Courts of the United States for the ...

United States. Circuit Court (6th Circuit) - Admiralty - 1878 - 472 pages
...answer, to insist upon all matters of defense (not being matters of abatement or to the character of the parties, or matters of form), in bar of or to the merits of the bill, of \vhich he шау be entitled to avail himself by a plea in bar ; and in such answer he shall not be...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

Law reports, digests, etc - 1882 - 1904 pages
...insist by answer upon all matters of defence (not being matters of abatement, or to the character of the parties, or matters of form) in bar of or to the...may be entitled to avail himself by a plea in bar. If the present plea should "be tried on the fact of infringement, and the issue be found for the plaintiff,...
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