 ... supply plaintiff with certain articles. Breach : that defendant did not nor would, within twelve months from the said day, to wit, the day and year aforesaid, supply the articles.  The New-York Legal Observer - Page 277edited by - 1849Full view - About this book
 | Nathan Howard (Jr.) - Civil procedure - 1875 - 674 pages
...Mapes, for respondents. Steel & Boyd, for appellant. DAVIS, PJ — The answer alleged that the cause of action did not accrue within six years next before the commencement of the suit. The production of the note in suit and proof of the time of service established the defense. It was... | |
 | Charles Patrick Daly - Law reports, digests, etc - 1879 - 648 pages
...allegations of the complaint except "as admitted, avoided, modified or explained," and set up as a defense that the causes of action did not accrue within six years next before the commencement of the action ; the answer further alleged as follows, viz. : " Fourth : that he, the said defendant, is a... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1879 - 686 pages
...follows : 1. A general denial •, 2. Payment in full, before the suit was commenced ; 3. The cause of action did not accrue within six years next before the commencement of this suit; 4. That afier the sale of the horse, alleged to have been' sold by the appellee to the appellant,... | |
 | James Schouler - Bailments - 1880 - 774 pages
...; 8 Scott NR 604 ; 11 Cl. & F. 45, 8. c. Plea of the Siatute of Limitations. Says that the alleged causes of action did not accrue within six years next before the commencement of this suit.1 Plea of Payment to an Action for the Carriage or Freight of Goods, SfC. Says that, before... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1882 - 684 pages
...al. v. Jones, Adm'r. plaint set forth, the alleged conversion of property and of each item thereof, did not accrue within six years next before the commencement of the action, and that more than eighteen months elapsed after the death of the said William Gerard, before... | |
 | John Hutton Balfour Browne - Carriers - 1883 - 818 pages
...payment. » Plea of Payment into Court. Plea of the Statute of Limitations. That the alleged cause of action did not accrue within six years next before the commencement of this suit. Plea to an Action against a Carrier charged as a Wharfinger, that the Goods were destroyed... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1885 - 748 pages
...of them, a sufficient answer to the defendant's special plea, setting up the Statute of Limitations, that the causes of action did not accrue within six years next before the bringing of the suit. The first replication avers, among other things, that the cause of action accrued... | |
 | Law reports, digests, etc - 1894 - 1146 pages
...plaintiff rely on the statute of limitations as a bar to the plea of set-off, he should reply specially that the causes of action did not accrue within six years next before the commencement of the suit. * * * If both the demands of the plaintiff and defendant accrued more than six years before the time... | |
 | John T. Cook - Law reports, digests, etc - 1885 - 874 pages
...of them, a sufficient answer to the defendant's special plea, setting up the statute of limitations, that the causes of action did not accrue within six years next before the bringing of the suit. The first replication avers, among other things, that the cause of action accrued... | |
 | Samuel Maxwell - Civil procedure - 1892 - 932 pages
...statute. The defendant, in answer to the cause of action set forth in the petition, alleges that it did not accrue within [six] years next before the commencement of the action. MISTAKES, ETC. Relief will be granted sometimes in cases of mutual mistakes unaccompanied by... | |
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