United States or Aruba ? Vote for the TOP Country of the Week !
31 There are some actions again which we call arbitrary, because their issue depends on an 'arbitrium' or order of the judge. Here, unless on such order the defendant satisfies the plaintiff's claim by restoring or producing the property, or by performing his obligation, or in a noxal action by surrendering the guilty slave, he ought to be condemned. Some of such actions are real, others personal.
The result is that at the close of the plaintiff's case the motion is usually made as a matter of form to preserve the defendant's right.
Are you counsel for the plaintiff in the great suit of Walsh versus Walsh?" "No," answered Ishmael, "I am retained for the defendant. I have just had a consultation with my client." "Great Jove!" exclaimed the judge, in unbounded astonishment. "It was raving madness in you to refuse the plaintiff's brief; but to accept the defendant's "
English customs which have been preserved to us are somewhat more advanced, but one of the noticeable features in their procedure is the giving of security at every step. All lawyers will remember a trace of this in the fiction of John Doe and Richard Roe, the plaintiff's pledges to prosecute his action.
As I will explain later, those are merely symbols of the Church" "Of wot?" interrupted the foreman, in deep scorn. "Of the Church!" "We ain't askin' any questions o' YOU, and we ain't takin' any answers," said the foreman, sitting down abruptly. "I must insist," said the Judge sternly, "that the plaintiff's counsel be allowed to continue his opening without interruption.
"Must I reply to that?" she said piteously. "If you please." "Then, no. Another misfortune has now separated him and me for ever." "What is that, pray?" "My father is said to have died at sea: and my mother thinks he is to blame." The judge to Saunders. What on earth has this to do with Hardie against Hardie? Saunders. You are warmly interested in the plaintiff's success? Julia. Oh yes, sir.
30 In equitable actions the judge has full power to assess on good and fair grounds the amount due to the plaintiff, and in so doing to take into account counterclaims of the defendant, condemning the latter only in the balance. Even in actions of strict law counterclaims have been permitted since a rescript of the Emperor Marcus, the defendant meeting the plaintiff's claim by a plea of fraud.
In looking at the early cases we are reminded of the still earlier German procedure, in which it did not matter whether the plaintiff's claim was founded on a right of property in a thing, or simply on a contract for it. /1/ Covenant was brought for a freehold under Edward I., /2/ and under Edward III. it seems that a mill could be abated by the same action, when maintained contrary to an easement created by covenant. /3/ But Lord Coke did not mean to lay down any sweeping doctrine, for his conclusion is, that "a covenant is in many cases extended further than the warrantie."
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."
Among others, Captain , of the packet ship *, testified to the plaintiff's having sailed in his vessel, under the name of William Stanley, nine years previously; and it was very clearly proved, that at different intervals since then, he had continued to bear the same name, although he had also shipped under those of Bennet, Williams, and Benson.
Word Of The Day