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The Irish Jurist Volume 16

The Irish Jurist Volume 16


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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. 1864 Excerpt: ...or they had, after her death, made partition amongst themselves, the plaintiff was bound to give some proof of the execution of the power, or of such partition having been made, and the judge stated in his report that the acts of defendant relied upon by the plaintiff did not constitute a case on which a jury ought to be allowed to found such a presumption as the plaintiff contended they should be allowed to make having regard to the shortness of the period (four years) over which these acts ranged, and to the circumstance that they were all more or less capable of being accounted for by the defendant's position as one of three tenants in common. His Lordship accordingly directed a verdict for the detendant on all the issues, and reserved liberty to the plaintiff to move to change that verdict into one for him for the amount of the dilapidations, if the Court above should bo of opinion that he should have left the issues to the jury, and that they ought, if left to them, to have found them for the plaintiff, the Court to be at liberty to draw the same inferences from the evidence, which the jury could have dune. The jury accordingly found for the defendant, and assessed the damages, contingent upon the verdict being changed into one for the plaintiff, at 75. Blake, Q.C. on the 5th November, 1863, obtained a conditional order that the verdict had for the defendant should be set aside, and a verdict entered for the plaintiff for the sum of '75, pursuant to the leave reserved, or that the said verdict should be set aside and a new trial granted on the grounds of misdirection of the learned judge, and of the verdict being against the weight of evidence. Against this, Bourke, Q.C., (with him ( i/i/i) now showed cause.--_Monahan, C. J.--The ...


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Product Details
  • ISBN-13: 9781130455779
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 574
  • Spine Width: 29 mm
  • Width: 189 mm
  • ISBN-10: 1130455777
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1012 gr


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