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An Exposition of the Practice Relative to the Right to Begin and the Right to Reply; In Trials by Jury, and in Appeals at Quarter Sessions

An Exposition of the Practice Relative to the Right to Begin and the Right to Reply; In Trials by Jury, and in Appeals at Quarter Sessions


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837. Excerpt: ... is to be found in the books on the subject which we are here attempting to illustrate; and were it even otherwise, it is doubtful whether, from their rare occurrence, it would be worth while to do so in a small work like the present. Passing by, therefore, the subject of real actions, we proceed to consider those which are either personal or mixed. The essential point in which these differ from the former is, that in real actions land, or some right relating to land, is demanded eo nomine and alone: while in the latter, not only is some wrong or breach of contract complained of, or even land demanded, but damages, either nominal or serious, are sought to be recovered for the injury brought. Now, when on the issue raised by the pleadings the onus probandi lies on the plaintiff, he of course has to begin, and prove at the same time the injury done and the quantity of damage he has sustained thereby. But in those cases where the onus of proving the facts in issue lies on the defendant, still the plaintiff has to prove the amount of his damages; this is an whether onus probandi which always lies on him, and it becomes a onuTMofe question to determine which party has a right to begin; in Proving other words, whether the mere onus of proving damages confers a where the onus of proving the facts in issue lies on the begin, defendant, will confer on a plaintiff the right to begin. This is a question so simple in its enunciation, and of such importance and constant occurrence in practice, that one would suppose it must have been settled in the very infancy of our law. Yet, as probably few points have given rise to more conflicting and irreconcilable decisions than the present, and as the judges in July,4 W.4,1833, promulgated a rule altering the practice in this r...


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Product Details
  • ISBN-13: 9780217558426
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 38
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 0217558429
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 86 gr


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An Exposition of the Practice Relative to the Right to Begin and the Right to Reply; In Trials by Jury, and in Appeals at Quarter Sessions
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