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" ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it. "
Handbook on the Law of Damages - Halaman 222
oleh William Benjamin Hale - 1896 - 466 halaman
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - 1809 - 550 halaman
...might otherwise ensue on the ttial, tht plaintiff must in general slate tlie particular damage wliich he has sustained, or he will not be permitted to give evidence of it.(s-) * 387 Thus, in sin action of trespass and false imprisonment, 'where the plain: ill offered...
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - 1819 - 544 halaman
...which might otherwise ensue on the trial, the plaintiff must in general state the particular damage which he has sustained, or he will not be permitted to give evidence of it(.§r). Thus in an action of trespass and false imprisonment, *where I '*387 "I the plaintiff offered...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - 1837 - 860 halaman
...otherwise ensue on the trial, the plaintiff must in general state the par- Sthly. The ticular damage which he has sustained, or he will not be permitted to give evi- acl¡on dence of it(j/)(758). Thus in an action of trespass and false imprisonment, where the...
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A Digest of the Cases Decided and Reported in the Superior Court of the City ...

1838 - 700 halaman
...conseqaently are not implied by law, the plaintiff must state in his declaration the particular damage which he has sustained, or he will not be permitted to give evidence of it upon the trial. Where, therefore, a plaintiff declared in case, that the defendant had placed a quantity...
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A Treatise on Pleading and Parties to Actions: With Second and ..., Volume 1

Joseph Chitty - 1851 - 900 halaman
...which might otherwise ensue on the trial, the plaintiff must in general state the particular damage which he has sustained, or he will not be permitted to give evidence of it (y) (3). Thus in an action of trespass and false imprisonment, where the plaintiff offered to give...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 79

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 782 halaman
...which otherwise might ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it. Id. (c). 3. A plea in abatement averring that the parties were copartners at the time the cause of...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 103

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896 - 776 halaman
...which otherwise might ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it." But this had especial reference to special damages, for the learned Justice, in connection with the...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1852 - 722 halaman
...which might otherwise ensue on the trial, the plaintiff must in general state the particular damage which he has sustained, or he will not be permitted to give evidence of it."f So in the Queen's Bench, in an action on the case for an excessive distress, it was held that...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 61

United States. Supreme Court - 1858 - 676 halaman
...surprise to the defendant, the plaintiff must state in his declaration the particular damage which he haa sustained, or he will not be permitted to give evidence of it upon the trial." Vanderslice v. Newton, 4 Comst., 130, 132: Towing a boat from New York to Albany,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 60

Illinois. Supreme Court - 1874 - 648 halaman
...which might otherwise ensue on the trial, the plaintiff must, in general. state the particular damage which he has sustained, or he will not be permitted...Thus, in an action of trespass and false imprisonment, when the plaintiff offered to give in evidence that during his imprisonment he was stinted in his allowance...
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