Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2Banks and Bros., 1876 - 1440 pages |
From inside the book
Results 6-10 of 87
Page 708
... taken before a justice . In the ordinary course of affairs , the company must determine whether they will submit to what they believe to be an imposition , or use this summary power for their protection ; and as the decision whether a ...
... taken before a justice . In the ordinary course of affairs , the company must determine whether they will submit to what they believe to be an imposition , or use this summary power for their protection ; and as the decision whether a ...
Page 713
... taken flagrante delicto , show that a malicious trespass has been committed ; that the plaintiff was on the spot ; that there was reasonable ground for believing that the mischief was still going on , and that the plaintiff was the ...
... taken flagrante delicto , show that a malicious trespass has been committed ; that the plaintiff was on the spot ; that there was reasonable ground for believing that the mischief was still going on , and that the plaintiff was the ...
Page 731
... taken into custody by a policeman , and that the defendant came down to the station - house and signed a charge - sheet accusing the plaintiff of having committed felony ( v ) . It is not absolutely necessary to show that the defendant ...
... taken into custody by a policeman , and that the defendant came down to the station - house and signed a charge - sheet accusing the plaintiff of having committed felony ( v ) . It is not absolutely necessary to show that the defendant ...
Page 735
... taken to embrace all the injurious consequences of the wrongful act , unknown as well as known , which may arise hereafter , as well as those which have arisen , so that the right of action is satisfied by one recovery . Thus , where ...
... taken to embrace all the injurious consequences of the wrongful act , unknown as well as known , which may arise hereafter , as well as those which have arisen , so that the right of action is satisfied by one recovery . Thus , where ...
Page 749
... taken or appropriated by the plaintiff , the complaining party is not responsible for what the magistrate may think fit to do upon the strength of this information . If , therefore , the magistrate , acting upon the statement or ...
... taken or appropriated by the plaintiff , the complaining party is not responsible for what the magistrate may think fit to do upon the strength of this information . If , therefore , the magistrate , acting upon the statement or ...
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Common terms and phrases
16 Vict Act of Parliament alleged amount ante appear arrest assault authority bailiff Barb brought cause of action charge claim commissioners committed common law compel compensation complaint constable contract conviction corporation costs county court Court of Chancery custody declaration defendant duty enacted entitled evidence Exch execution fact false false imprisonment fraud fraudulent give given ground guilty held husband imprisonment imputing indictment injunction injury issue judge judgment jurisdiction jury justices land liable libel 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...