 If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes;...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 216by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864Full view - About this book
 | Great Britain. Court of King's Bench - 1800 - 444 pages
...the plaintiff and defendant were to change fides, and the defendant wao to bring his action againft the plaintiff, the latter would then have the advantage of it -, for where both are equally in fault, potlor ejl conditio defcndentis. The queflion therefore is, Whether, in this safe, the plaintiffs demand... | |
 | Vermont. Supreme Court, Royall Tyler - 1809 - 514 pages
...country, there the Barnard Court says he has no right to be assisted. It is upon Crane, that ground the Court goes, not for the sake of the " defendant,...defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for... | |
 | Horace Binney, Pennsylvania. Supreme Court - 1809 - 676 pages
...positive law of this country, there the court says he has no right to be assisted. It is upon this ground the court goes, not for the sake of the defendant, but because they will not lend their aid to web. a plaintiff. Where both are equally in the wrong, potior tit conditio defendentis." These observations... | |
 | Samuel Comyn - 1824 - 680 pages
...positive law of this country, there the Court says, he has no right to be assisted. It is upon that ground the Court goes ; not for the sake of the defendant,...defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for... | |
 | New Jersey. Court of Chancery - 1891 - 700 pages
...to be assisted. It is upon that ground the court goes ; not for the sake of the Pennington v. Todd. defendant, but because they will not lend their aid to such a plaintiff." But when the plaintiff is blameless, and the contract on which he stands is legal and moral, no court... | |
 | 1869 - 1032 pages
...843. 20 says, " So if the plaintiff and the defendant were to change sides, and th ; defendant was to bring his action against the plaintiff, the latter...advantage of it, for where both, are equally in fault ptitior esl comlitto dffrndentis." lu Biyys v. Lawrence (2), where goods were sold to be delivered... | |
 | Herbert Broom - 1845 - 544 pages
...positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes, not for the sake of the defendant, but because they will not (A) Per Lord Kenyon, CJ, Pe- Bing. 639, ante, p. 317. trie v. Hannay, 3 TR 422. (*) 2 Phill. Ev., 8th... | |
 | Arkansas. Supreme Court - 1858 - 764 pages
...country, then the Court says he has no right to be assisted. It is upon that ground that Courts go, not for the sake of the defendant, but because they will not lend their aid to such a plaintiff." Having laid down the foregoing propositions of law, as well as having given the reasoning and illustrations... | |
 | Patrick Shaw - 1847 - 358 pages
...positive law of this country, then the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant,...they will not lend their aid to such a plaintiff. Where both are equally in fault, potior est conditio defendentis." 2. HODGSON v. TEMPLE, 1813 (Com.... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...positive law of this country, then the Court says he has no right to be assisted. It is upon that ground the Court goes, not for the sake of the defendant, but because it will not lend its aid to such a plaintiff. So if the plaintiff and defendant should change sides,... | |
| |
