 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
 | Isaac Grant Thompson - Law reports, digests, etc - 1887 - 1104 pages
...laws of the country, then the courts say 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 aid to such a plaintiff." Hollinan v. Johnson, 1 Cow. 341; Nellis v. Clark, 4 Hill, 424 ; Merienthal... | |
 | Law reports, digests, etc - 1906 - 1270 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...his action against the plaintiff, the latter would have the advantage of It ; for, where both are equally In fault, potior est condltlo defendantis."... | |
 | Law reports, digests, etc - 1918 - 1258 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 ;...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... | |
 | John William Smith - Law reports, digests, etc - 1888 - 846 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." While fraud is not illegality, an agreement between two parties to commit a fraud on a third, or a... | |
 | Law reports, digests, etc - 1888 - 880 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 sake of the defendant, bat because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were... | |
 | Frederick Pollock - Contracts - 1889 - 816 pages
...or the tranpgrf ssion of a positive law of this country, there the Court says be has no right to be assisted. It is upon that ground the Court goes ;...defendant, but because they will not lend their aid to auch a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to... | |
 | Thomas Brett - English law - 1891 - 660 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...advantage of it: for where both are equally in fault, potior ett conditio defendentis" ( 3 ). 8 De GM & G. 731. (') Holman v. Johnson, Cowper, (') Per Turner,... | |
 | Marshall Davis Ewell - Law - 1915 - 1178 pages
...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 will not lend their aid to such a plaintiff. 1. " If the servant commit a tres- Authority of an agent to do an ilposs by the command or encourage-... | |
 | Law reports, digests, etc - 1915 - 1292 pages
...to such a plaintiff. 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, where liotli are equally in fault, potior est conditio defendentis.' These remarks cover the whole ground... | |
 | Edward Sampson Thurston - Quasi contracts - 1916 - 650 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...advantage of it: for where both are equally in fault, potior est conditio defendentis." It will be noticed that the basis of this rule is not the equality... | |
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