 | Great Britain. Court of King's Bench - Law reports, digests, etc - 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 - Contracts - 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... | |
 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...positive law of this country, there the court says he has no right to be assisted. It is upon this ground the court goes, not for the sake of the defendant, but because they will not lend their aid to web. a plaintiff. Where both are equally in the wrong, potior tit conditio defendentis." These observations... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1891 - 700 pages
...or the transgression of a positive law of 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 Pennington v. Todd. defendant, but because they will not lend their aid to such a plaintiff." But when... | |
 | Law reports, digests, etc - 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 - Contracts - 1834 - 850 pages
...or the transgression of a positive law of 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. (e) Ante, 90. to a negotiable instrument may im(/) 2 Wils. 347. peach it for want of a stamp, &e. and... | |
 | Joseph Chitty - Contracts - 1841 - 1040 pages
...or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes, not...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 - Legal maxims - 1845 - 544 pages
...or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes, not...the sake of the defendant, but because they will not (A) Per Lord Kenyon, CJ, Pe- Bing. 639, ante, p. 317. trie v. Hannay, 3 TR 422. (*) 2 Phill. Ev., 8th... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1858 - 764 pages
...country, then the Court says he has no right to be assisted. It is upon that ground that Courts go, not for the sake of the defendant, but because they will not lend their aid to such a plaintiff." Having laid down the foregoing propositions of law, as well as having given the reasoning and illustrations... | |
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If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes... 
