The Victorian Reports Volume 6

The Victorian Reports Volume 6

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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. 1881 edition. Excerpt: ...of the plaintiffs witnesses said the report was a fair one. Certainly the judge had no right to increase the amount he had already given, for the sake of carrying costs; having pronounced his decision, he was functus oflicio as to it: Great Northern Ry. O0. v. Mossop (a); Irving v. Askew (b); it was not the case of a mistake or a slip. It has been held that the order of a warden was made when he announced his intention of making it, though it was not registered till afterwards; R. v. Thomson, exp. Costin (c). STAWELL, C.J. But there he said he had made it; here he said he had not. It was the duty of the judge to give damages commensurate with the injury done, as he did in the first instance; the Act then fixes the scale of costs, and allows the judge no discretion. said that the decision is not finally given because not entered by the judge in the book, for it is the duty of the registrar to enter it. The amount of the verdict is not to be affected by a con-sideration of the costs: Levy v. Milne (cl); Ktlmore v. Abdoolah (e); and, further, an application as to costs, implies that the decision is recorded, though not formally, or, at any rate, finally pro-nounced. The judge was virtually dealing with taxation of costs, when he was requested to increase the amount of the verdict. It is no ground for interfering with a verdict, that the jury have given nominal damages, under a mistaken impression that the verdict would carry costs: Mcars v. Grifiin (f); Nash v. Miller (g). Where a judge tries a case without a jury, he gives a. judgment, and not a verdict: Potter v. Cotton (h), so that he could not alter it after it had been pronounced. If it were a verdict, the plain-tiff should have applied for a. new trial, instead of asking to have more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 1236830504
  • 9781236830500