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2 In order to support this action it is not necessary that the goods of which robbery has been committed should belong to the plaintiff, provided they were taken from among his property.
"Perhaps," he resumed with the utmost gentleness, "the plaintiff returned in this interval, and, finding her gone, was confirmed in his belief that she had abandoned him." He felt blindly about on the table with his trembling hands, and his whole figure had a pathos that gave the old dress-coat statuesque dignity.
Sometimes an exception, which prima facie seems just to the defendant, is unjust to the plaintiff, in which case the latter must protect himself by another allegation called a replication, because it parries and counteracts the force of the exception.
When an attempt is made to set aside the provisions of a will on the ground of insanity in a person not previously judged insane, the plaintiff must show that the testator was mad; when the provisions of the will of a lunatic are attempted to be upheld, the plaintiff must show that the will was made during a lucid interval.
The war secretary wrote at once to M. Grimani and informed him that you have not left the fort, and that you are even now detained in it, and that the plaintiff is at liberty, if he chooses, to send commissaries to ascertain the fact. Therefore, my dear abbe, you must prepare yourself for an interrogatory." "I expect it, and I will answer that I am very sorry to be innocent."
In some cases, the plaintiff has to state that a condition has been performed in order to put the defendant to his answer; in others, it is left to the defendant to set up that a condition has been broken. In one sense, all conditions are subsequent; in another, all are precedent.
I ask your Honor to charge that if the jury find the cow that was in the plaintiff's garden was a white cow and not a red cow, then their verdict must be for the defendant." "I so charge," says the judge. "I except," says the other lawyer, "and I ask your Honor to charge the jury that if they believe the cow was the property of the defendant, their verdict must be for the plaintiff."
The Assembly wants the Proprietor to pay tax on his property especially towards the extraordinary war expenses. The decision rests with the King in Council, but if the Assembly appealed, it would be sent to the King's Bench. The fact that all Judges are appointed by the Proprietor, makes difficulties, as he is in his own cases both Judge and Plaintiff.
If their decision satisfies both parties, and they abide by it, the case is at an end; but if either of the parties appeals to the law-courts, the Arbitrators enclose the evidence, the pleadings, and the laws quoted in the case in two urns, those of the plaintiff in the one, and those of the defendant in the other.
What co-operation or aid the plaintiff could or would afford towards securing his own election to the presidency? or if you or some other person did not authorize or request the said David A. Ogden to make such communication to the plaintiff in exact terms, what, in substance, was such authority or request?
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