Volume 557, Page 649 View pdf image (33K) |
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imperfections and incertainties in the plt declaracon and y.e matter therin contained he cannot nor by the Law of the Land is he bound to Answer wherfore for want of a good and sufficient declaracon and for the matter therin contained he prayes Judgment &c.a And for cause of demurrer according to the forme of the statute said an arrest of the afore passed Judgm.t saith 1.st That thepes doth not sett forth the time of the Contract therfore uncertaine for if it be above Two Yeares then the defend.t may pleaed the Act of limatacon 2.d He doth ^not^ aver that it was in the life time of them to pase 3.d He doth not sett forth nor aver that over the defend.t did ever promise or assume to pay the debt specified 4.th He hath not filed his Accompt with his declaracon for that is [illegible] of the declaracon and ought to be contained in the body of the same or elce annexed therfore the decla vitious 5.th He lais the damage to the Adm when they cannot be damnified because they are not bound to answer farther then they receive 6.th He doth not make a good conclusion for he ought to have a concluded lias and here in Court he brings this Letter of Adm which &c.a And for the Reasons aforesd ^&c.a^ the declaracon vitious and the defend.t not bound to Answer Hemsley p Defend.t |
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Volume 557, Page 649 View pdf image (33K) |
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