 | 1878 - 540 σελίδες
...arise ex turpi causa, or the transgression of a positive law of this country, then, the court says, he has no right to be assisted. It is upon that ground...his action against the plaintiff, the latter would have the advantage of it; for, where both are equally in fault, potior est conditio defendentis-" Holman... | |
 | Virginia. Supreme Court of Appeals - 1874 - 1042 σελίδες
...the plaintiff and defendant were to change sides, and the defendantwas to bring his action againstthe plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio defendentis. In support of this principle, authorities might be cited almost without... | |
 | Herbert Broom - 1874 - 880 σελίδες
...for the sake of tho defendant, but because they *\vill not lend their aid to such a plaintiff. r^im So, if the plaintiff and 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... | |
 | Frederick Pollock - 1876 - 694 σελίδες
...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...advantage of it ; for where both are equally in fault, polior ett conditio defendentit * (a), The test for the application of the rule is whether the plaintiff... | |
 | Nathan Howard (Jr.) - 1876 - 628 σελίδες
...illegal act. " If the proceedings be based on the transgression of law the court refuses its assistance, not for the sake of the defendant but because they will not lend their aid to such a plaintiff " (Broom's Legal Maxims, 711). This service was improper; it was unwarranted; it waa unlawful. It cannot... | |
 | John William Smith - 1878 - 596 σελίδες
...arise, ex tnrpi causa, or the transgression of a positive law Of this country, then the court says he has no right to be assisted. It is upon that ground...advantage of it; for where both are equally in fault, 'pvtio« est conditio defendentis:' " Holman v. Johnson, Cowp. 343 : Gray v. Hook, 4 Comst. 449.—R.... | |
 | Frederick Pollock - 1878 - 734 σελίδες
...of a positive law of this country, there the Court says he has no right to be assisted. It is upou that ground the Court goes ; not for the sake of the...change sides, and the defendant was to bring his action :ig:iinst the plaintiff, the Litter would then have theadvautage of it ; for where both are equal ly... | |
 | Nevada. Supreme Court - 1878 - 524 σελίδες
...arise ex tttrpi 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...defendant, but because they will not lend their aid to snch a plaintiff. So, if the plaintiff and defendant were to change sides and the defendant was to... | |
 | Isaac Grant Thompson - 1879 - 912 σελίδες
...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...advantage of it, for where both are equally in fault, potior est conditio defendentis," and adds : " These remarks cover the ground on which Clark, the defendant,... | |
 | William Evans - 1879 - 802 σελίδες
...country, there the court says he has no right to be assisted. If so, upon that ground the court gives, not for the sake of the defendant, but because they...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... | |
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No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. 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... 
