A Treatise on the Law of Trespass in the Twofold Aspect of the Wrong and the Remedy, Τόμος 1

Εξώφυλλο
Baker, Voorhis & Company, 1875
 

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Περιεχόμενα

Motive or intention
13
Declaration
14
Plea
15
Replication
16
New assignment
17
Right to open and close
18
Liability for consequences of wrongful
19
Damages
20
Costs
21
Inciting or aiding the commission of trespass
22
Amendment after verdict
23
Judgment
24
Ratification and adoption of wrongful
27
Indemnity of innocent wrongdoer
28
CHAPTER II
31
Redress for the wrongful acts of minors
41
Liability of master for wrongful acts of servant
42
Liability of principal for wrongful acts of agent
50
Responsibility of sheriff for the wrongful acts of his deputy
51
Action against corporations
53
Liability of partners 9 Action by and against executors
54
Liability of persons whose authority is derived from statute
55
O
103
CHAPTER I
109
128
112
146
115
ASSAULT AND BATTERY 1 Meaning of assault 2 Battery defined 3 When accident will excuse
120
Selfdefense
130
Defense of property
135
Retaking property
147
Rigbt of owner or occupier of premises to eject persons therefrom
151
Right of innkeeper to exclude or expel persons
154
Expulsion from religious meeting
158
Expulsion from place of public amusement
160
Forcible removal from public conveyance
162
Right of access to railway depot
177
Seduction of daughter with violence
180
Chastisement of pupil by teacher
182
Chastisement of servant by master
186
Corporal punishment by master of vessel 17 Abuse by keeper of almshouse
187
Personal violence by husband upon wife
189
Injury from reckless driving
190
Resisting arrest
192
Aiding or encouraging assault
193
Place of trial
195
Holding to bail 24 Parties to action
200
Right to begin
219
Burden of proof
220
Proof of time
224
Proof of malice
228
Admissions and declarations
230
Evidence of provocation
235
Proof of mitigating circumstances
240
Evidence as to character
243
Proof of consequences of wrongful act
246
Evidence as to pecuniary condition of party
247
40 Damages in general
248
Damages from wounded feeliny
249
Malicious intent as affecting the damages
251
Damages for assault upon child or servant
255
Damages after conviction for public offense
257
Damages accruing after commencement of action
258
Inadequate or excessive damages
259
Costs
260
Verdict
261
Wbat constitutes an arrest
312
Detention by officer of party arrested
314
Officers return
317
Responsibility of magistrates
320
Waiver of right of action
326
Nature of the action 328
328
Declaration 26 Plea
334
154
336
Replication to plea alleging breach of the peace
337
Evidence
341
Damages
350
TITLE TO PERSONAL PROPERTY PAGE 1 Property in wild animals
355
Property in goods where their character has been changed
358
Property in goods by accession
362
Contusion or intermingling of goods
363
When owner of goods estopped from asserting title to them
366
When property in goods vests in trespasser
368
General rule as to fixtures
369
CHAPTER II
381
Creditor obtaining possession of goods by unlawful means
388
Party directing illegal seizure or sale by officer
390
Right of owner of goods to retake them
401
Return of property by wrongdocr
406
CHAPTER III
409
158
421
Protection afforded to officer by process
428
162
441
Duty and liability of officer in seizing goods
443
Power and duty of person specially authorized to act officially
487
Validity of acts of officer de facto
488
Liability of sheriff for illegal acts of deputy
489
177
492
Liability of collector of taxes
499
182
504
CHAPTER IV
507
186
518
In case of goods taken from officer 528 2 In case of goods taken from officer 3 Wbere goods are taken from a servant
530
In the case of a corporation
531
Where the goods belonged to a person deceased
532
Where property is mortgaged
534
Where the owner has parted with his right of possession
547
In case of bailment
548
187
551
Where there has been a conditional sale 551
554
In case of agency
557
Tenants in common
561
Where possession of goods is obtained by fraud
567
CHAPTER V
585
Declaration
588
189
589
Grounds of defense
595
Plea
603
Replication
612
Evidence of possession
614
Proof of taking
615
Evidence as to value
617
Intention
618
Presumptions
620
192
623
Evidence of justification
624
Evidence in mitigation of damages
632
Objections to evidence when to be made
635
Damages in general
636
Exemplary damages
647
206
657

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Σελίδα 634 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Σελίδα 518 - For wrongs done to the property, rights or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, or after his death, by his executors or administrators...
Σελίδα 2 - That an act done for another, by a person not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well-established rule of law.
Σελίδα 341 - Bees also are ferae naturae; but, when hived and reclaimed, a man may have a qualified property in them by the law of nature, as well as by the civil law.
Σελίδα 96 - The application to a judge, in the course of a cause, to direct a verdict for one or more of several defendants in trespass is strictly to his discretion ; and that discretion is to be regulated, not merely by the fact that at the close of the plaintiff's case no evidence appears to affect them, but by the probabilities whether any such will arise before the whole evidence in the cause closes.
Σελίδα 465 - ... of his father, the owner, was one of the uses for which the vehicle was kept and, therefore, was a part of the service for which the owner had authorized the boy to run the car as his servant. The only difference between that case and this is that here the young man...
Σελίδα 168 - Among reasonable persons much difference prevails as to the circumstances which will justify the infliction of punishment, and the extent to which it may properly be administered. On account of this difference of opinion, and the difficulty which exists in determining what is a reasonable punishment, and the advantage which the master has by being on the spot to know all the circumstances— the manner...
Σελίδα 541 - But if the pawnee should undertake to pledge the property (not being negotiable securities) for a debt beyond his own, or to make a transfer thereof...
Σελίδα 340 - But if a deer, or any wild animal reclaimed, hath a collar or other mark put upon him, and goes and returns at his pleasure...
Σελίδα 24 - any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name.

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