Publisher's Synopsis
Excerpt from A Summary of Equity Pleading
The exception stated the legal nature of the defence in the same brief manner that the libel stated the plaintiff 's case, and it was always consistent with the libel, i.e., it was always what a common-law lawyer would call a plea in confession and avoidance. The replication bore the same relation to the exception which the exception did to the libel, i.e., it set up matter which, if true, would destroy the exception without denying its truth. All the subsequent pleadings were Of the same character, each bearing the same relation to the one immediately preceding which the latter bore to the one next preceding. When the party whose turn it was to plead could allege no matter which would destroy the last pleading without denying its truth, the plead ings terminated.
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