| View single post by Joe Kelley | |||||||||||||
| Posted: Wed Sep 26th, 2018 04:18 pm |
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Joe Kelley
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"If a defendant did not wish to plead the general issue, he could plead specially. Although special pleading was used only rearely before the Revolution, its use became more frequent thereafter. Special pleas could be of great variety, depending upon the circumstances of a defendant's case. A defendant might plead an accord and satisfaction, arbitration, conditions performed, infancy or some other fact which precluded the plantiff from maintaining his action. He could also put in a plea in justification, as, in actions of assult and battery, self-defense or defense of freehold;" Footnote: See Allen v, Spooner, [June 1772] Worc. C.P. 397, appeal dismissed, [May 1773] Worc. Super. Ct. 33. The Reform of Common Law Pleading in Massacsusetts 1760-1830: Adjudication as a Prelude to Legislation https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=5712&context=penn_law_review
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