 | Great Britain. Court of King's Bench - 1800 - 444 sider
...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... | |
 | Samuel Comyn - 1807 - 646 sider
...the plaintiff and defendant were to change fide, and the defendant was to bring his action againft the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior eft condttio defendtntis. The quell ion therefore is, whether, in this cafe, the plaintiff's... | |
 | Vermont. Supreme Court, Royall Tyler - 1809 - 514 sider
...to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter...have the advantage of it; for where both are equally in fault, potior est conditio defendentis" The question in this case is the same with that now under... | |
 | Royall Tyler - 1809 - 512 sider
...to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter...have the advantage of it; for where both are equally in fault, potior est conditio defendentis." The question in this case is the same with that BOW under... | |
 | Samuel Comyn - 1824 - 680 sider
...to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter...have the advantage of it; for where both are equally in fault, potior est conditio defendentis. The question therefore is, whether, in this case, the plaintiff's... | |
 | 1869 - 1032 sider
...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...have the 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... | |
 | Joseph Chitty - 1834 - 850 sider
...because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant were to bring his...have the advantage of it ; for where both are equally in fault, potior est conditio defendentis." But the presumption of law is in favour of a contract.... | |
 | Herbert Broom - 1845 - 544 sider
...orilur; see Argument, 4 lend their aid to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant were to bring his...have the advantage of it, for, where both are equally in fault, potior est conditio defendentis." Where a party to a contract, which might be impugned Nan-rei.ucii«on... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 sider
...because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant were to bring his...have the advantage of it ; for where both are equally in fault, potior est conditio defendentis." These remarks cover the whole ground on which Clark the... | |
 | John William Smith - 1853 - 488 sider
...to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter...have the advantage of it; for where both are equally in fault, 'potior est conditio defendentis.' " Holman v. Johnson, Cowper, 343. ted to contravene or... | |
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... 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 lend their aid to such a plaintiff. So, if the plaintiff and defendant were to... 
