A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of JusticeJ. S. Voorhies, 1858 - 689 lappuses |
No grāmatas satura
1.–5. rezultāts no 100.
xiv. lappuse
... EVIDENCE . As a general rule the plaintiff is not allowed to testify - Exceptions in which he is admitted to give evidence . The witness is to testify only as to facts , and not as to opinions - Exception in case of experts - in case of ...
... EVIDENCE . As a general rule the plaintiff is not allowed to testify - Exceptions in which he is admitted to give evidence . The witness is to testify only as to facts , and not as to opinions - Exception in case of experts - in case of ...
18. lappuse
... Evidence has been given by which a presumption is raised against the accused ; but not being conclusive , it is rebutted by the proofs of general good char- acter . " ( g ) Of the four modes of trial of which we have spoken , then , the ...
... Evidence has been given by which a presumption is raised against the accused ; but not being conclusive , it is rebutted by the proofs of general good char- acter . " ( g ) Of the four modes of trial of which we have spoken , then , the ...
19. lappuse
... evidence ; the question was not discussed and argued before them ; they , the jurymen , were the witnesses themselves , and the verdict was substan- tially the examination of these witnesses , who of their own knowledge , and with- out ...
... evidence ; the question was not discussed and argued before them ; they , the jurymen , were the witnesses themselves , and the verdict was substan- tially the examination of these witnesses , who of their own knowledge , and with- out ...
38. lappuse
... evidence , and of damages , have adapted them- selves to their arbitrary and illogical arrangement . ( 5 ) [ 41 ] It is , therefore , impossible to disregard them . At the same time , I have endeavored to adopt an order somewhat ...
... evidence , and of damages , have adapted them- selves to their arbitrary and illogical arrangement . ( 5 ) [ 41 ] It is , therefore , impossible to disregard them . At the same time , I have endeavored to adopt an order somewhat ...
40. lappuse
... Evidence of the Courts of this commonwealth , " has wrought very ma- terial changes in the procedure of that State . Among the most prominent sec- tions of the act are the following : -§ 1 . " There shall be only three divisions of per ...
... Evidence of the Courts of this commonwealth , " has wrought very ma- terial changes in the procedure of that State . Among the most prominent sec- tions of the act are the following : -§ 1 . " There shall be only three divisions of per ...
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Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
action of trespass actual damage agreement allowed assessed assumpsit Barb Barn Bing bond breach of contract brought claim Clark common law compensation Conn consequence considered costs covenant Cush debt declaration defendant defendant's delivered Denio entitled to recover evidence expenses forms of action Fost fraud give given held Hill injury interest Johns Jones judgment jury justice land liable liquidated damages Lord loss Mass Massachusetts measure of damages Mees ment mesne mesne profits Metc mitigation of damages Monr negligence nisi prius nominal damages Ohio owner paid party payment penalty Penn Pick plaintiff principle profits proved question R. R. Co recover damages recovery replevin rule of damages Sandf says seisin Seld sheriff Smith special damage statute suit Supreme Court surety sustained tion tort trespass trial trover vendee verdict warranty Watts Wend York Zabr
Populāri fragmenti
211. lappuse - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
78. lappuse - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
39. lappuse - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
297. lappuse - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
83. lappuse - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
78. lappuse - ... could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.
478. lappuse - By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts by means of a civil action, and the damages inflicted by way of penalty or punishment given to the party injured. In many civil actions, such as libel, slander, seduction, d i-., the wrong done to the plaintiff is incapable of being measured by a money standard...
39. lappuse - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
599. lappuse - Eminent domain is (A) the right of the government to take private property for public use...
68. lappuse - Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain which he supposes he has lost.