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" that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other... "
A Treatise on Pleading, and Parties to Actions: With Second and Third ... - Seite 552
von Joseph Chitty - 1859
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 Seiten
...better to adhere to the latest authority on the point. The words of the act 2 Gco. 2. c. 22. s. 13. are, that where there are mutual debts between the plaintiff and defendant, or if either party be sued as executor or administrator where there are mutual debts between the testator or intestate...
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Reports of Cases Argued and Determined in the Supreme Court of Judicature of ...

Indiana. Supreme Court, Isaac Newton Blackford - 1836 - 550 Seiten
...debts in certain cases to be set off, the statutes of Geo. 1. were passed. The first of these enacts, "that where there are mutual debts between the plaintiff...either party, one debt may be set against the other." The second of these statutes enacts, "that mutual debts may be set off, <fec., though they are; Jcemed...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court - 1837 - 856 Seiten
...no jurisdiction to require a set-off to be pleaded specally; for the 2 Geo. 2, c.22, s. 13, enacts, "that where there are mutual debts between the plaintiff...or intestate and either party, one debt may be set off against the other, ami such matter may be given in evidence upon the general issue, or pleaded...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 Seiten
...of equity c . To remedy this inconvenience, it was enacted by the statute 2 Geo. II. c. 22. § 13. that " where there " are mutual debts between the...where there are " mutual debts between the testator and intestate, and either party, one " debt may be set against the other; and such matter may be given...
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Precedents in Pleading: With Copious Notes on Practice, Pleading and ..., Band 1

Joseph Chitty, Tompson Chitty - 1839 - 564 Seiten
...С. Fidgett v- Penny, l С. M. & R. 108; Duncan r. Grant, 4Tyrw. 818. By 2 Geo. a, с. 22, s. 13, " where there are mutual debts between the plaintiff and defendant, or if cither party sue or be sued as executor or administrator, where there aro mutual debts between the...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 Seiten
...prevent circuity of action, or a bill in equity, it was enacted by statute 2 Geo. 2, c. 22, s. 13, that, " where there are mutual debts between the plaintiff...either party, one debt may be set against the other." This was made perpetual by 8 Geo. 2, c. 24, s. 4 ; and to remove any doubt as to whether debts of a...
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An Abridgment of the Law of Nisi Prius, Band 1

William Selwyn - 1842 - 784 Seiten
...it was enacted by stat. 2 Geo. II. c. 22, s. 13, (made perpetual by stat. 8 Geo. II. c. 24, s. 4,) " That where there are mutual debts between the plaintiff...party, one debt may be set against the other." And by stat. 8 Geo. II. c. 24, s. 5, it was enacted and declared, " that by virtue of the preceding clause,...
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An Abridgment of the Law of Nisi Prius, Bände 1-2

William Selwyn - 1842 - 814 Seiten
...it was enacted by stat. 2 Geo. II. c. 22, s. 13, (made perpetual by stat. 8 Geo. II. c. 24, s. 4,) "That where there are mutual debts between the plaintiff...and either party, one debt may be set against the other.1' And by stat. 8 Geo. II. c. 24, s. 5, it was enacted and declared, " that by virtue of the...
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Queen's Bench Reports, Band 11

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1843 - 1170 Seiten
...therefore may be in the same right. The words of the statute of set-off (2 G. 2. c. 22. s. 13.) are " if either party sue or be sued as executor or administrator,...between the testator or intestate and either party." Lord DEUMAN CJ There are two cases which decide this point, referred to in Mr. Selwyn's Nisi Pritis(a),...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 Seiten
...Actions by Assignees of Bankrupts. Executors.} By 2 G. 2. c. 22. s. 13., where either party sues or is sued as executor or administrator, where there are...or intestate and either party, one debt may be set off against the other. But in an action by an executor in his own name, to recover money due to the...
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