Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 17

Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ...come into operation unless the cause is tried: but that is a. question which does not arise here. In Forman v. Dawes, 11 M. 86 W. 730, by a court of requests act (4-8 G. 3, c. cx, s. 52, Wolverhampton), it was enacted that no action should be brought for any matter done in pursuance of the act until a month's notice of action should be given &c., and if in such action it should appear to be so done, the jury should find for the defendant, and, upon such verdict, or, if the plaintitf should become nonsuited, " or if upon a verdict or demurrer judgment should be given against the plaintiff, the defendant should recover treble costs." The defendant obtained a verdict without having given any evidence, --the plaintiff having failed to establish any case: and it was held that the defendant was entitled W. 4, c. 85, s. 3, which gave the plaintifl' under similar circumstances "treble costs,"----not treble costs in the ordinary sense, viz. taxed costs, adding a half and a quarter thereto (Stainland v. Ludlam, 4 B & C. 889, 7 D. & R. 484), but costs " to be taxed at three times the taxed costs." Double and treble costs abol-ished by 5 & 6 Vict. c. 97. to treble costs, without entering a suggestion on the roll, or having given the act of parliament in evidence at the trial. Rolfe, B., in delivering judgment, says: "With regard to the first point, that the defendant had given no evidence, and therefore that he was not entitled to the costs, I apprehend that is not required. The defendant is not obliged to give evidence, to entitle himself to costs. That impression may have arisen from an expression found in this act of parliament and in many others, --an unhappy expression, --that a...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236972252
  • 9781236972255