The Law and Practice in Civil Actions and Proceedings in Justices' Courts and on Appeals to the County Courts in the State of New York; Including the Principles of Law Relating to Actions or Defenses; The Rules of Practice, of Volume 2

The Law and Practice in Civil Actions and Proceedings in Justices' Courts and on Appeals to the County Courts in the State of New York; Including the Principles of Law Relating to Actions or Defenses; The Rules of Practice, of Volume 2

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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. 1868 edition. Excerpt: ...has established a cause of action. And yet there are a few cases in which it is said that no damages are recoverable, because the injury itself was so insignificant as to be beneath the notice of the law. See Vol. I, 728, 7 34, 735, 793, 795, 796. But, notwithstanding some exceptional cases, the law generally gives a remedy by way of damages to the injured party. " Wherever the common law gives a right, or prohibits an injury, it also gives aremedy by action." 3 Bla. Oom., 123, and see Vol. I, 729. "If a statute gives a right, the common law will give a remedy to maintain that right; a foa-triori, where the common law gives a right, it givesa remedy to assert it. This is an injury, and every injury imports a damage." Lord Hour in Ashby v. White, 1 Salk., 19. "It is the pride of the common law, that wherever it recognizes or creates a private right, it also gives a remedy for a willful violation of it." Yates v. Joyce, 11 Johns., 140, opinion. "It is a general and very sound rule of law, that where an injury has been sustained, for which the law gives a remedy, that remedy shall be commensurate to the injury sustained." Sane.WIOK, J., in Roekwood v. Allen, 7 Mass, 254. It is a natural and legal principle that the compensation should be equivalent to the injury. SHIPPEN, Oh., J., Bussey v. Donaldson, 4 Dallas, 206. " The general rule of law is this: Whoever does an injury to an other is liable in damages to the extent of that injury. It matters not whether the injury is to the property or the person, or the rights or the reputation of an other." STORY, J., Dexter v. Spear, 4 Mason, 115. But it is not to be assumed, from this general language, that the law will give a remedy for...show more

Product details

  • Paperback | 674 pages
  • 189 x 246 x 34mm | 1,184g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236924517
  • 9781236924513