 | Sir Edmund Saunders, Great Britain. Court of King's Bench - 1824 - 494 pages
...law is now taken to be, that the exception in the statute applies also to actions on the case ; and the distinction is, that where there have been mutual,...years, the plaintiff, to a plea of the statute that the Cc 4 WEBBER v. adjudged wholly against the plaintiff who made it. — And v TIvILL. ^ this was a fauit... | |
 | Henry Roscoe - 1831 - 788 pages
...are excepted from the operation of the statute. Where there have been mutual current and unsettled accounts between the parties, and any of the items are within six years, sucli items are evidence (under the replication that the defendant did promise, &c.) as an admission... | |
 | Tennessee. Supreme Court, George Shall Yerger - 1836 - 668 pages
...action,) I will first confine myself to the consideration of this question.* The rule is thus given, "that where there have been mutual, current and unsettled...parties, and any of the items are within six years, they are of themselves evidence (there being such open accounts,) that the defendant did promise to... | |
 | Great Britain. Court of Exchequer - 1836 - 816 pages
...general replication, that the action did accrue within six years.] It is laid down in Webber v. Tivil (a) that, " Where there have been mutual current and unsettled...dealings and accounts between the parties, and any of the item* are within six years, the plaintiff, to a plea of the statute that the defendant did not promise... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 964 pages
...law is now taken to be, that the exception in the statute applies also to actions on the case: and the distinction is, that where there have been mutual,...because the mutual accounts between the parties, for any item of which credit has been given within six years, are of themselves evidence of there being... | |
 | Great Britain. Court of Exchequer - 1837 - 1338 pages
...commenced. Where there have been mutual current and unsettled dealings and '; - . • (a) 6 TR 191 n. accounts between the parties, and any of the items...promise within six years, may reply generally that he did ; and the reason seems to be, because the mutual accounts between the parties for any item of... | |
 | Great Britain. Bail Court - 1842 - 1146 pages
...that the law is now taken to be, that the exception in the statute applies to actions on the case, and the distinction is, that where there have been mutual...because the mutual accounts between the parties for any item for which credit has been given within six years, are, of themselves, evidence of there being... | |
 | Pennsylvania. Supreme Court, Frederick Watts, Henry Jonathan Sergeant - 1842 - 614 pages
...the court to instruct the jury ; which instruction the court refuse to give, but instruct the jury that where there have been mutual, current, and unsettled dealings and accounts between the parties, those items, as in this case, after six years, will draw after them the items that are prior. The defendant... | |
 | Great Britain. Court of King's Bench, Sir Edmund Saunders - 1845 - 602 pages
...now taken to be, that the exception in the statute applies also to __actions on the case (j) ; and the distinction is, that where there have been mutual,...because the mutual accounts between the parties, for any item of which credit has been given within six years, are of themselves evidence of there being... | |
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... the distinction is, that where there have been mutual, current, and unsettled dealings and accounts between the parties, and any of the items are within six years, the plaintiff, to a plea of the statute, that the defendant did not promise within... 