 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 country, there the Court says he has no right to be assisted. It is upon that ground the Court goes;...  Commentaries Upon International Law - Page 322by Sir Robert Phillimore - 1855Full view - About this book
 | Nevada. Supreme Court - Law reports, digests, etc - 1880 - 512 pages
...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 the court goes, not...they will not lend their aid to such a plaintiff. * * * The authorities and the reason of the rule leave no question as to the right of a court, aud... | |
 | Law reports, digests, etc - 1923 - 1092 pages
...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 the court goes, not for the sate of the defendant, but because they will not lend their aid to such a plaintiff. So, if the plaintiff... | |
 | Frederick Pollock - Contracts - 1881 - 848 pages
...or the transgression of a positive law of this country, there the Court says he has no right to Ije assisted. It is upon that ground the Court goes ;...advantage of it ; for where both are equally in fault, potior est conditio defendentis" (a). The test for the application of the rule is whether the Plaintiff... | |
 | Great Britain. Parliament. House of Commons - Bills, Legislative - 1882 - 340 pages
...transgression " ' of a positive law of this country, then the court says he has no right to be " ' assisted ; it is upon that ground the court goes,...the latter would then have the advantage of it, for when both are equal " ' in fault, polior e^t conditio defcndentis.' " That judgment was delivered more... | |
 | Robert Phillimore - International law - 1882 - 784 pages
...then the Court says he has no right to ' be assisted. It is upon that ground the Court goes ; not lor the ' sake of the defendant, but because they will...advantage of it ; " for where both are equally in fault, potior est conditio de" fendentis. " ' The question therefore is, whether in this case the plaintiff's... | |
 | Benjamin Russell - 1882 - 618 pages
...transgression of a positive law of the country, then the Court says he has no right to be assisted. It is on that ground the Court goes, not for the sake of the...they will not lend their aid to such a plaintiff.'' I do not think the evidence brings the plaintiff in the case before the Court within the operation... | |
 | Robert Phillimore - International law - 1882 - 752 pages
...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 the Court goes ;...the " sake of the defendant, but because they will net lend their aid " to such a plaintiff. So if the plaintiff and defendant were to " change sides,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 708 pages
...law of the country, then the court says he has no right to be assisted. It is upon that ground that the court goes, not for the sake of the defendant, but because they will not lend their aid to the plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1004 pages
...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 the court goes, not...they will not lend their aid to such a plaintiff. " And the effect is the same, if the contract is, in fact, illegal, aa made in violation of a statute,... | |
 | Urquhart Atwell Forbes - Postal savings banks - 1884 - 260 pages
...causd, 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 the Court goes ;...advantage of it, for where both are equally in fault, potior est conditio defendenlis." That judgment was delivered more than a century ago. The passage... | |
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