The Law of Remedies for Torts: Including Replevin, Real Action, Pleading, Evidence, Damages

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Little, Brown,, 1873 - 771 sider
 

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Side 282 - ... and for money received by the defendant for the use of the plaintiff...
Side 669 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Side 400 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Side 398 - Justice directed the jury, that unless the defendant did produce the jewel, and show it not to be of the finest water, they should presume the strongest against him, and make the value of the best jewels the measure of their damages : which they accordingly did.
Side 456 - Where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party, in pursuance of the original concerted...
Side 540 - The only general rule that can be laid down upon the subject is that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Side 295 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Side 62 - All persons having an Interest In the subject of the action and In obtaining the relief demanded may join as plaintiffs, and any person may be made a defendant who has or claims an interest adverse to the plaintiff.
Side 583 - The general principle upon which compensation for injuries to real property is given, is that the plaintiff should be reimbursed to the extent of the injury to the property. The...
Side 516 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.

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