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" That there should have been a special count, inasmuch as the right to these costs by the Plaintiff was not so apparent. The Plaintiff might have defended the action of his own wrong, and without any authority from the Defendant. If he had done so, he... "
Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ... - Page 3
by Great Britain. Court of King's Bench, Isaac 'Espinasse - 1807
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A Practical Treatise on Pleading in Assumpsit

Edward Lawes - Pleading - 1810 - 890 pages
...necessarily paid to the party !s use. In such case therefore, there should be a special count. Besides, the plaintiff might have defended the action of his...wrong, and without any authority from the defendant, in which case, he could not recover the costs in any form of action ; but when lie declares specially,...
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A Practical Treatise on Pleading, in Assumpsit

Edward Lawes, Joseph Story - Contracts - 1811 - 668 pages
...party's use. In such case therefore. there should be a special count. Besides, the plaintiff mijhr have defended the action of his own wrong, and without any authority from the defendant, in which case, he could not recorer the costs in any form of action ; but when he declares specially...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 700 pages
...party. There should have been a special count, inasmuch as the right of the plaintiff to the costs is not so apparent. The plaintiff might have defended...entitled to call upon his principal to pay the costs, and in that case they would have been incurred without his consent. If the plaintiff had declared specially,...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 2

Charles Petersdorff - Law - 1830 - 566 pages
...w-lt|, ,£, bow can it in this case be said that the money was paid to his use ? for he might rests of have defended the action of his own wrong, and without any authority from the rach »edefendant; if so he could not call upon the defendant for payment, inasmuch as tion' il wa*...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - Damages - 1852 - 722 pages
...assumpsit for money paid, with the usual money counts ; but Lord Ellenborough held, that as to the costs, " there should have been a special count, inasmuch as...apparent. The plaintiff might have defended the action * Ex purte Marshall, 1 Atk., 262. t Fisher »«. Fallows, 6 Eep., 171. No action will lie by tfcil...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - Damages - 1858 - 778 pages
...assutnpsit for money paid, with the usual money counts ; but Lord Ellenborough held, that aa to the costs, " there should have been a special count, inasmuch as...these costs by the plaintiff was not so apparent. The [330] plaintiff might have defended the action of his own wrong, and without any authority from the...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 2

Theodore Sedgwick - Damages - 1912 - 888 pages
...assumpsit for money paid, with the usual money counts, but Lord Ellenborough held that, as to the costs, "there should have been a special count, inasmuch...the right to these costs by the plaintiff was not 141 Ex parte Marshall, 1 Atk. 262. take the journey as such, or labor as a 111 Fisher v. Fallows, 5...
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