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The Law of Remedies for Torts, Or Private Wrongs (Classic Reprint)
No preview available - 2016
action action of replevin actual admissible adverse adverse possession alleged Allen amount answer appear applied assessed attached authority averment avowry Barb bond bound brought charge claim common complaint condition contract costs count court damages declaration deed defendant delivered demand distinction distress ejectment entered entitled entry evidence execution facts favor fraud fraudulent give given Gray ground held Hill injury interest issue judg judgment jury justice justify land levy Maine maintain Mass matter ment nature necessary negligence notice officer owner party Penn person plain plaintiff plea pleaded possession proof prove purchaser question reason recover reference remedy rent replication rule sheriff Smith sold statute sufficient suit sustained taken taking tenant term third tion tort trespass trial unless verdict whole writ of replevin wrongful York
Page 498 - ... 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.
Page 45 - 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.
Page 428 - 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...
Page 151 - PLEADING is the statement in a logical and legal form of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence...
Page 296 - ... the opinion of witnesses possessing peculiar skill is admissible, whenever the subjectmatter of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, without such assistance ; in other words, when it so far partakes of the nature of a science, as to require a course of previous habit or study, in order to the attainment of a knowledge of it...
Page 376 - ... failed to do so within a reasonable time, he shall recover nothing but such actual damage as he may have specially alleged and...
Page 287 - The plaintiff being a chimney sweeper's boy found a jewel and carried it to the defendant's shop (who was a goldsmith) to know what it was, and delivered it into the hands of the apprentice, who under pretence of weighing it, took out the stones, and calling to the master to let him know it came to three halfpence, the master offered the boy the money, who refused to take it, and insisted to have the thing again; whereupon the apprentice delivered him back the socket without the stones. And now in...
Page 462 - We think that the true rule of law is, that the person who for his own purposes, brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.