 | Great Britain. Court of King's Bench - 1800 - 444 halaman
...the plaintiff and defendant were to change fides, and the defendant wao to bring his action againft the plaintiff, the latter would then have the advantage of it -, for where both are equally in fault, potlor ejl conditio defcndentis. The queflion therefore is, Whether, in this safe, the plaintiffs demand... | |
 | Samuel Comyn - 1807 - 646 halaman
...the plaintiff and defendant were to change fide, and the defendant was to bring his action againft the plaintiff, the latter would then have the advantage...of it; for where both are equally in fault, potior eft condttio defendtntis. The quell ion therefore is, whether, in this cafe, the plaintiff's demand... | |
 | Royall Tyler - 1809 - 512 halaman
...Court goes, not for the sake of the " ™ defendant. but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were...equally in fault, potior est conditio defendentis." The question in this case is the same with that BOW under consideration. Is the plaintiff's demand... | |
 | Vermont. Supreme Court, Royall Tyler - 1809 - 514 halaman
...Court goes, not for the sake of the " defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were...equally in fault, potior est conditio defendentis" The question in this case is the same with that now under consideration. Is the plaintiff's demand... | |
 | Samuel Comyn - 1824 - 680 halaman
...Court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So, if the plaintiff and defendant were...equally in fault, potior est conditio defendentis. The question therefore is, whether, in this case, the plaintiff's demand is founded upon the ground... | |
 | 1869 - 1032 halaman
...(1) Cowp. 841, 843. 20 says, " So if the plaintiff and the defendant were to change sides, and th ; defendant was to bring his action against the plaintiff,...advantage of it, for where both, are equally in fault ptitior esl comlitto dffrndentis." lu Biyys v. Lawrence (2), where goods were sold to be delivered... | |
 | Joseph Chitty - 1834 - 850 halaman
...Lathbrooke, 7 TR 601. Upon the same principle a party even hut because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant were to bring his action against the plaintiff, the latter would then have the advantage of it ; for... | |
 | Herbert Broom - 1845 - 544 halaman
...a maxim, that jus er Scott, NR, 558. injurifi non orilur; see Argument, 4 lend their aid to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant were to bring his action against the plaintiff, the latter would then have the advantage of it, for,... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 halaman
...court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant were to bring his action against the plaintiff, the latter would then have the advantage of it ; for... | |
 | Georgia. Supreme Court - 1848 - 712 halaman
...to such a plaintiff. So if the plaintiff and defendant should change sides, and the defendant were to bring his action against the plaintiff, the latter...where both are equally in fault, potior est conditio defendentit." So that, although there appears in this case to be an equity in favour of the complainant... | |
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... or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So... 
