Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2Banks and Bros., 1876 - 1440 pages |
From inside the book
Results 1-5 of 90
Page 720
... jurisdiction of the court , because judgment has been signed for too much , and as a favor to the plaintiff ( i ) . 832 Liability of a corporation to an action for an assault . — An action for an assault and battery will lie against a ...
... jurisdiction of the court , because judgment has been signed for too much , and as a favor to the plaintiff ( i ) . 832 Liability of a corporation to an action for an assault . — An action for an assault and battery will lie against a ...
Page 771
... jurisdiction . Cope v . Ramsey , 2 Heisk . ( Tenn . ) 197. In Bradley v . Fisher , 13 Wall . 335 , it was held that judges of courts of record of superior or general jurisdiction , are not liable to civil actions for not answerable for ...
... jurisdiction . Cope v . Ramsey , 2 Heisk . ( Tenn . ) 197. In Bradley v . Fisher , 13 Wall . 335 , it was held that judges of courts of record of superior or general jurisdiction , are not liable to civil actions for not answerable for ...
Page 772
... jurisdiction on the part of a judge . -Every judge of a court of inferior jurisdiction must have before him some cause of action , charge , or complaint , into which he has by law their judicial acts , even when such acts are in excess ...
... jurisdiction on the part of a judge . -Every judge of a court of inferior jurisdiction must have before him some cause of action , charge , or complaint , into which he has by law their judicial acts , even when such acts are in excess ...
Page 773
... jurisdiction of the court ; and if they disclose a cause of action over which the court has no jurisdiction , the judge cannot alter the particulars by inserting therein a new cause of action , and proceeding to hear it , for the ...
... jurisdiction of the court ; and if they disclose a cause of action over which the court has no jurisdiction , the judge cannot alter the particulars by inserting therein a new cause of action , and proceeding to hear it , for the ...
Page 774
... jurisdiction is not responsible in damages for the consequences of his acts and proceedings in respect of matters over which he had no jurisdiction , if he had a prima facie jurisdiction in the matter , and had not the knowledge or ...
... jurisdiction is not responsible in damages for the consequences of his acts and proceedings in respect of matters over which he had no jurisdiction , if he had a prima facie jurisdiction in the matter , and had not the knowledge or ...
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Common terms and phrases
16 Vict 31 Vict Act of Parliament alleged amount ante appear arrest assault authority bailiff Barb brought cause of action charge claim committed common law compensation complaint constable contract conviction corporation costs county court Court of Chancery custody declaration defendant duty enacted entitled evidence Exch execution fact false fraud fraudulent give given ground guilty held husband imprisonment imputing indictment injunction injury issue judge judgment jurisdiction jury justices land liable libel Lord Ellenborough magistrate malicious prosecution mandamus marriage Matr matter Mayor mitigation of damages offence officer party person plaintiff plea pleaded Prob probable cause proceedings proof proved Rail railway reasonable recover remedy representation responsible in damages servant sheriff slander special damage statute statutory superior court sustained thereof tion tort trespass trial trustees unless verdict warrant Wend wife words writ writ of mandamus
Popular passages
Page 1112 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 900 - Act ; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners...
Page 930 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 1178 - ... party, upon that belief, enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's...
Page 1122 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Page 945 - The proper meaning of a privileged communication is only this: that the occasion on which the communication was made rebuts the inference [of malice] prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact —that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made 1
Page 1012 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.
Page 903 - ... unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, or if a part only of such lands...
Page 1071 - The court, after a final decree of nullity of marriage or dissolution of marriage may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents as to the court shall seem fit.
Page 837 - That in all cases where an information shall be laid before one or more of Her Majesty's Justices of the Peace...