Select Cases and Other Authorities on the Law of Property, Volume 1 |
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Page 17
This was a replevin for 631 barrels of flour , tried before the Chief Justice , at Nisi
Prius , in November , 1817 , when the jury found a verdict for the plaintiff , subject
to the opinion of the court in banc on a point reserved . The plaintiff , on March ...
This was a replevin for 631 barrels of flour , tried before the Chief Justice , at Nisi
Prius , in November , 1817 , when the jury found a verdict for the plaintiff , subject
to the opinion of the court in banc on a point reserved . The plaintiff , on March ...
Page 18
In the action the jury could not award damages to the defendant . The taking here
not being tortious , the plaintiff must prove property . If the taking were wrongful ,
this burden would lie on the defendant . on the ground of freight , for no freight ...
In the action the jury could not award damages to the defendant . The taking here
not being tortious , the plaintiff must prove property . If the taking were wrongful ,
this burden would lie on the defendant . on the ground of freight , for no freight ...
Page 35
... or by the book of customes , or by testimony of honest men , then the owner
may have such commission or bring his action at the common law , and prove it
by the verdict of a jury ; and if the commission be awarded , or the action be
brought ...
... or by the book of customes , or by testimony of honest men , then the owner
may have such commission or bring his action at the common law , and prove it
by the verdict of a jury ; and if the commission be awarded , or the action be
brought ...
Page 36
... H . 7 , 34 , b , was cited , where the case is , that in trespass the defendant
justified as to one thing , and pleaded not guilty to another , and they were at
issue , and the jury inquired of one thing only , and taxed the damages for both
entirely .
... H . 7 , 34 , b , was cited , where the case is , that in trespass the defendant
justified as to one thing , and pleaded not guilty to another , and they were at
issue , and the jury inquired of one thing only , and taxed the damages for both
entirely .
Page 39
But Mr . Justice White and I were of opinion , under the circumstances of this case
, that the plaintiffs were intitled to recover in this action if the jury were satisfied
with the proof made of their property in the goods ; and that they had tendered a ...
But Mr . Justice White and I were of opinion , under the circumstances of this case
, that the plaintiffs were intitled to recover in this action if the jury were satisfied
with the proof made of their property in the goods ; and that they had tendered a ...
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Common terms and phrases
action afterwards agreed amount annuity appears applied assignment attached authority belonged bill brought called carried cause charge chattel cited claim common common law consideration considered contract conversion court damages debt decided decision deed defendant delivered delivery demand effect enter entitled evidence execution executors fact give given grain granted ground hands heirs held hold horse interest issue John judge judgment jury Justice king land lien Lord maintain matter Michigan nature opinion original owner paid parties pass payment person plaintiff plea pledge possession present principle proved purchaser question reason receipts received recover refused remained Reported respect rule ship sold statute taken tenant term thing took tort transfer trespass trial trover verdict whole writ wrongful