 | 1792 - 566 pàgines
...favoured; and it would be permitting the plaintiff to do that indire£Uy which cannot be done dire£kly. We are therefore of opinion, that the plaintiff is not entitled to fue out execution on the fecond judgment, as he could not have taken out execution on the firft. But... | |
 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 860 pàgines
...favoured. And it would be permitting the plaintiff to do that indirectly which cannot be done directly. We are therefore of opinion that the plaintiff is not entitled to sue out execution on the second judgment, as he could not have taken out execution on the first. But... | |
 | Great Britain. Court of King's Bench - 1833 - 1054 pàgines
...is a conversion, and so is also the sending the seven chests to Hamburgh lor the purpose of sale. -\ We are therefore of opinion, that the plaintiff is not entitled to recover in respect of the eighteen chests; but that he is for the twenty-three chests. The damages... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 996 pàgines
...disclosed in the declaration, and that, where, there is none, the plaintiff shall not get his costs. We are, therefore, of opinion, that the plaintiff is not entitled to the costs of those issues which have been found for him, and that the judgment of the court below is... | |
 | United States. Court of Claims - 1927 - 902 pàgines
...character of the soil under the water, and as to this no representation was made to the plaintiff. We are therefore of opinion that the plaintiff is not entitled to recover the first two items of its claim. The item of $1,080.03 has been withheld from the plaintiff... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 682 pàgines
...done in pursuance of contracts previously made, with which his solicitation or agency had no concern. We are therefore of opinion that the plaintiff is not entitled to a commission on sales of engines contracted for by him, but not finished, delivered or paid for, till... | |
 | North Carolina. Supreme Court - 1876 - 676 pàgines
...repayment of said sum, and this demand has been refused. It is agreed that if the Court shall be of the opinion that the plaintiff is not entitled to recover of the defendant, then there is to be judgment in favor of the defendant for cost. But if the Court shall be of the opinion... | |
 | 1956 - 1138 pàgines
[ El contingut d’aquesta pàgina està restringit ] | |
 | 1881 - 1116 pàgines
...the agreement of the county to issue and deliver to it the bonds of the county is not enforceable. We are, therefore, of opinion that the plaintiff is not entitled to a writ of mandate to compel the defendant to issue and deliver to the plaintiff the bonds called for... | |
| |
We are therefore of opinion that the plaintiff is not entitled to recover of the defendant, as for a total loss, under all the circumstances of this case. 
