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" Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently... "
The Common Law Procedure Act, 15 & 16 Vict. Cap. 76 ... with an Introductory ... - Page 87
by Edward Wise - 1852 - 336 pages
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A treatise on the principles of pleading in civil actions

Henry John Stephen - 1824 - 598 pages
...rule, of aider by verdict, is thus explained in a modern decision of the Court of King's Bench : — " Where a matter is so essentially " necessary to be...in " express terms, in a declaration, provided it con" tains terms sufficiently general to comprehend it " in fair and reasonable intendment, will be...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - 1829 - 682 pages
...necessarily injurious to his reversion ; upon a motion in arrest of judgment Lord Ellenborough said, where a matter is so essentially necessary to be proved,...in fair and reasonable intendment, will be cured by verdict. These authorities (A) clearly establish that, after verdict, this declaration is sufficient,...
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Cases in the Exchequer

EDWARD YOUNGE, JOHN JERVIS - 1829 - 672 pages
...necessarily injurious to his reversion; upon a motion in arrest of judgment Lord Ellenborough said, where a matter is so essentially necessary to be proved,...in fair and reasonable intendment, will be cured by verdict. These authorities (6) clearly establish that, after verdict, this declaration is sufficient,...
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New Reports of Cases Heard in the House of Lords: On Appeals and ..., Volume 8

Great Britain. Parliament. House of Lords, Richard Bligh - 1829 - 1000 pages
...that of Jackson v. Pesked,* There Lord Ellenborough said : — " Where a matter is so es" sentially necessary to be proved, that had it " not been given...want of " stating that matter in express terms in a de" claration, provided that it contains terms suffi" ciently general to comprehend it in fair and...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - 1835 - 818 pages
...last cases on the subject, viz. that of Jackson v. Pesked. (a) There Lord Ellenborough said: — " Where a matter is so essentially necessary to be proved,...matter in express terms in a declaration, provided that it contains terms sufficiently general to comprehend it in fair and. reasonable intendment, will...
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Reports of Cases Heard and Decided in the House of Lords on ..., Volume 2

Great Britain. Parliament. House of Lords - 1835 - 794 pages
...last cases on the subject, viz. that of Jackson v. Pesked (j). There Lord . Ellenborough said : — " Where a matter is so essentially necessary to be proved,...matter in express terms in a declaration, provided that it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - 1835 - 816 pages
...the last cases on the subject, viz. that of Jackson v. Pesked (y). Lord Ellenborough there said: " Where a matter is so essentially necessary to be proved,...have given such a verdict, there the want of stating the matter in express terms in a declaration, (y) 1 Mau. 8t Selw. 234. 1834. provided that it contains...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

United States. Circuit Court (1st Circuit), Charles Sumner - 1836 - 634 pages
...the case cited from Gallison, the recording "must of necessity have been given in evidence." It was " so essentially necessary to be proved, that, had it...evidence, the jury could not have given such a verdict." The issue joined was " such as necessarily required, on the trial, proof of the fact." Without such...
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New Reports of Cases Heard in the House of Lords: On Appeals and ..., Volume 8

Great Britain. Parliament. House of Lords, Richard Bligh - 1837 - 1002 pages
...that of Jackson v. Pesked.* There Lord Ellenborough said : — " Where a matter is so es" sentially necessary to be proved, that had it " not been given...want of " stating that matter in express terms in a de" claration, provided that it contains terms suffi" ciently general to comprehend it in fair and...
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 pages
...«rdlctcured by verdict ; and with respect to this latter proposition, the rule is thus kid down, that, where a matter is so essentially necessary to be proved, that, had it not been in evidence, the jury could not have given such a verdict, there the want of stating that matter in...
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