 ... 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 if the plaintiff and defendant were to change...  Commentaries Upon International Law - Page 562by Robert Phillimore - 1882Full view - About this book
 | Great Britain. Court of King's Bench - 1800 - 444 pages
...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 pages
...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... | |
 | Vermont. Supreme Court, Royall Tyler - 1809 - 514 pages
...upon Crane, 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 if the plaintiff...where both are equally in fault, potior est conditio defendentis" The question in this case is the same with that now under consideration. Is the plaintiff's... | |
 | Samuel Comyn - 1824 - 680 pages
...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, if the plaintiff...where both are equally in fault, potior est conditio defendentis. The question therefore is, whether, in this case, the plaintiff's demand is founded upon... | |
 | 1869 - 1032 pages
...(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 pages
...fL Bla. 322. v. 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...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 pages
...Hundley, 5 Aid. 368. It is 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...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 pages
...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 if the plaintiff...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 pages
...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... | |
 | Georgia. Supreme Court - 1849 - 680 pages
...is upon that ground the Court goes — not for the sake of the defendant, hut because they will not lend their aid to such a plaintiff. So, if the plaintiff...it. For, where both are equally in fault, potior est condilio defendenlis." Coieper, 192. The leading case of Browning vs. Morris, is to the same effect,... | |
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