A Treatise on the Law of Torts, Volume 2J. Cockcroft & Company, 1876 |
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Page xviii
... pleading several matters of defense . 1346. Traverses by the defendant . 1347. Traverses by the plaintiff . 1348. Requisites of special pleas . 1349. Fictitious and needless aver- ments in pleading . 1350. Defenses arising after the com ...
... pleading several matters of defense . 1346. Traverses by the defendant . 1347. Traverses by the plaintiff . 1348. Requisites of special pleas . 1349. Fictitious and needless aver- ments in pleading . 1350. Defenses arising after the com ...
Page xx
... pleading . 1404. Costs on a stay of proceedings . 1405. Costs on arrest of judgment , or judgment non obstante vere- dicto . 1406. Where the court has no juris- diction it has no power to give costs . 1407. Effect on costs of ...
... pleading . 1404. Costs on a stay of proceedings . 1405. Costs on arrest of judgment , or judgment non obstante vere- dicto . 1406. Where the court has no juris- diction it has no power to give costs . 1407. Effect on costs of ...
Page 12
... plead what is necessary for a man's defense , and not who struck first , for hitting a man a little blow with a little stick on the shoulder is not a reason for him to draw a sword , and cut and hew the other . " ( p ) To justify a ...
... plead what is necessary for a man's defense , and not who struck first , for hitting a man a little blow with a little stick on the shoulder is not a reason for him to draw a sword , and cut and hew the other . " ( p ) To justify a ...
Page 13
... pleaded that he was possessed of a house and garden , and that the plaintiff erected a ladder in the garden , and went up the ladder in order to nail a board to the house of the plaintiff ; that the defendant forbad the plaintiff so to ...
... pleaded that he was possessed of a house and garden , and that the plaintiff erected a ladder in the garden , and went up the ladder in order to nail a board to the house of the plaintiff ; that the defendant forbad the plaintiff so to ...
Page 29
... plead the general issue , not guilty , and to give any special matter discharging them from liability in evidence to the jury ; and that if upon the trial of any such action the plaintiff shall not prove to ( 4 ) Coleridge , J. , Reg ...
... plead the general issue , not guilty , and to give any special matter discharging them from liability in evidence to the jury ; and that if upon the trial of any such action the plaintiff shall not prove to ( 4 ) Coleridge , J. , Reg ...
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action actual amount answer appear apply arrest assault authority brought cause cause of action charge circumstances claim committed common complaint constable contract conviction costs county court court custody damages defendant directed duty enacted entitled evidence Exch execution exercise fact false give given granted ground guilty held imprisonment injury intention interest issue judge judgment jurisdiction jury justices justified land liable libel magistrate maintain malicious mandamus Mass matter means nature necessary notice observes obtained offense officer particular party peace Penn person plaintiff plea pleaded probable cause proceedings proof prosecution protection proved question Rail reasonable received record recover refused remedy representation respect responsible rule sheriff shown statement statute sufficient taken tion tort trespass trial unless Vict warrant wife writ wrong
Popular passages
Page 542 - ... 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 621 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real...
Page 276 - 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 311 - 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 714 - Court in point of law, or upon the admission or rejection of any evidence...
Page 438 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 554 - 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 414 - ... 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 218 - The question of jurisdiction does not depend on the truth or falsehood of the charge, but upon its nature : it is determinate on the commencement, not at the conclusion, of the inquiry : and affidavits to be receivable must be directed to what appears at the former stage, and not to the facts disclosed in the progress of the inquiry.
Page 279 - ... 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...