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Updated: May 1, 2025
21 The damages recoverable in an action may be either once, twice, three, or four times the value of the plaintiff's original interest; there is no action by which more than fourfold damages can be claimed. 22 Single damages only are recoverable in the actions on stipulation, loan for consumption, sale, hire, agency, and many others besides.
The substance of the plaintiff's claim as set forth in the writ of debt is that the defendant owes him so much and wrongfully withholds it. It does not matter, for a claim framed like that, how the defendant's duty arises. It is not confined to contract. It is satisfied if there is a duty to pay on any ground.
The question is, "What kind of a cow was it you saw in the plaintiff's garden?" "I still object," says the lawyer. "The witness has not been shown to be an expert. If my learned friend is going to attempt to qualify him as an expert, I desire an opportunity to cross-examine him concerning his experience in cows." "Not at all," answers the lawyer.
He says he has lived for years within forty miles of Sevenoaks, and at this late day puts forward his claims. There is nobody in Court, sir. We believe the plaintiff to be a fraud, and this prosecution a put-up job. In saying this, I would by no means impugn the honor of the plaintiff's counsel.
This may have led the defendant to adopt the course he did, because he felt uncertain whether any action of tort would lie. He took issue on the undertaking, assuming that to be essential to the plaintiff's case, and then objected that the writ did not show the place of the undertaking, and hence was bad, because it did not show whence the inquest should be summoned to speak to that point.
When a case is called for trial the plaintiff's counsel opens by stating its nature and the main facts as set out in the declaration or complaint which he expects to prove. Sometimes the pleadings on both sides are read at length. The plaintiff's witnesses are then examined orally, after the examination of each an opportunity being given for his cross-examination by the other party.
Cluppins then related the conversation we have already heard between Mr. Pickwick and Mrs. Bardell. The next witness was Mr. Winkle, and after him came Mr. Tupman, and Mr. Snodgrass, all of whom appeared on subpoena by the plaintiff's lawyers. Sergeant Buzfuz then rose and said, with considerable importance, "Call Samuel Weller."
Plaintiff's counsel was a common little fellow of ungainly appearance: a double toll of fat bulged over the neck of his gown, and his wig, hastily re-donned after a breathing-space, sat askew. Nor was he anything of an orator: he stumbled over his sentences, and once or twice lost his place altogether. To his dry presentment of the case nobody seemed to pay heed.
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 promptly. "I must insist," said the Judge, sternly, "that the plaintiff's counsel be allowed to continue his opening without interruption.
He saw the change, but it did not grieve him; he hailed the omens which he drew from it. And at last he and Liancourt went. He was absent three weeks, during which time the formality of the friendly lawsuit was decided in the plaintiff's favour; and the public were in ecstasies at the noble and sublime conduct of Mr.
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