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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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The State Records of North Carolina, Band 23

North Carolina - 1904 - 1016 Seiten
...by the Authority aforesaid, That in all cases where there are, or shall be mutual Debts subsisting between the Plaintiff and Defendant, or if either...Executor or Administrator, where there are mutual Debts subsisting between the Testator or Intestate, and either Party, one Debt may be set against the other,...
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A Treatise on the Law of Contracts

Joseph Chitty - 1904 - 940 Seiten
...2, c. 24, s. 4 — by which CH- XXIII. " where there are mutual debts between the plaintiff and the defendant, or if either party sue or be sued as executor or adminis- fiefence» trator, where there are mutual debts between the testator or amnterintestate and...
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A Concise Treatise on the Law Relating to Executors and Administrators

Arthur Robert Ingpen - 1908 - 804 Seiten
...made per- Mutual debts petual by 8 Geo. II. c. 24, s. 4), provides that " if either party ^y^96'0*sue or be sued as executor or administrator, where there...either party one debt may be set against the other." Set-off may, in general, be pleaded wherever the claims Both claims on both sides are liquidated debts...
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The Revised Reports: Being a Republication of Such Cases in the ..., Band 105

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1909 - 900 Seiten
...then provides for the case of executors and administrators, and enables them to plead a set-off, " where there are mutual debts between the testator or intestate and either party." The general words of the first part of the section are restrained where either the plaintiff or defendant...
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The Revised Reports: Being a Republication of Such Cases in the ..., Band 148

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1915 - 916 Seiten
...The part added is a conclusion of law.) Stat. 2 Geo. II. c. 22, s. 13, enacts: "That where there arq mutual debts between the plaintiff and defendant,...debts between the testator or intestate and either ALLISON party," ie, the defendant or plaintiff, "one debt may be set SMITH. against the other." This...
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The Law Journal Reports, Band 7

1838 - 1144 Seiten
...law. The words of the statute are, " That where there are mutual debts between the plaintiff and the defendant, or if either party sue or be sued as executor...either party, one debt may be set against the other," &c. I do not here undertake to say, that the word "debt," is to be interpreted in the strict mode in...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1838 - 1028 Seiten
...plaintiff, is given exclusively by the statute .' Geo. 2. c. 22. s. 13, the words of which are, "When there are mutual debts between the plaintiff and defendant, or if either party sue as executor or administrator, when there are mutual debts between the testator or intestate, or either...
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Reports of Cases Argued and Determined in the Court of the Queen's ..., Band 3

1886 - 756 Seiten
..."where there are mutual debts Ijctween the plaintiff and defendant, or if either party sue or be Mied as executor or administrator, where there are mutual...testator or intestate and either party, one debt may VOL. III. MI. R. II be set off against the other, and such matter may be given rn evidence under the...
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The Law Times, Band 54

1873 - 506 Seiten
...As to set-off where bankruptcy does not arise, the Act of Gco. 2 says (2 Geo. 2, c. 22, s. 1:J): " where there are mutual debts between the plaintiff...either party, one debt may be set against the other." Aud by an Act of the eighth year of the same reign, it was provided that mntno.l debts might be set-off...
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Law Miscellanies

Hugh Henry Brackenridge - 2021 - 636 Seiten
...Geo. II. c. 22. Sec. 13: and 8 Geo. II. c. 24, Sec. 4 and 5. That xof 2 Geo. II. is in these words ; that where there are mutual debts between the plaintiff...either party, one debt may be set against the other. That of 8 Geo. II. c. 24. extends this provision which had been limited by the former statute to continue...
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