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Special Pleading

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The allegation of ty, as distinguished from a direct denial of obligee’s affidavit of the loss or destruction of matter previously alleged on the opposite the instrument, compelled the obligor to perside. Gould, PI. c. 1, § 18; Gelston v. Hoyt, form his duty; a century later the common 3 Wheat. (U. S.) 246, 4 L. Ed. 381; Com. Di£. law judges decided that if profert of a spe- Pleader (E 15); Steph. PI., And. ed. 240, n. cialty was impossible by reason of its loss, See Pleading, Special. the plaintiff might recover upon secondary