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" If it is a sort of injury by which the offender acquires no gain to himself at the expense of the sufferer, as beating or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But... "
The Canadian Law Times - Page 204
1900
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Reports of Cases Argued and Determined in the Superior Courts of Law in the ...

Elihu Hall Bay - 1809 - 552 pages
...executor. Here, then, is the grand fundamental distinction, says Lord Jtcinsjield. If it is a sortof injury, by which the offender acquires no gain to...himself, at the expense of the sufferer, as beating, imprisonment, &c. there the person injured himself has only an action for a reparation in damages ;...
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Reports of Cases Argued and Determined in the Court of the Vice Chancellor ...

Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - 1817 - 686 pages
...delicto, supposed to be by force, and against the King's Peace, there the Action dies, as battery, false imprisonment, trespass, words, nuisance, obstructing...of the sufferer, as beating, or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a...
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A Treatise on the Law of Injunctions

Robert Henley Eden Baron Henley - 1821 - 514 pages
...Mansfield, in the case of Hambly v. Trott (c). " Where the cause of .action is a tort, or arises ex delicto; if it is a sort of injury by which the offender acquires...no gain to himself at the expense of the sufferer, the action dies (a) 1 PW 407. (6) Turner v. Buck, 22 Vin. Ab. 528. with the person : but where, besides...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 5

Jacob D. Wheeler - 1835 - 620 pages
...Lattiinore v. Simmons, and generally in the other cases, and which is this: If it is a sort of injur)»by which the offender acquires no gain to himself at the expense of the sufferer; but where, besides the crime, property is acquired which benefits the testator, 2. while an action...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 826 pages
...liable.' These are the words Sir Thomas Raymond refers to. Here, therefore, is a fundamental distinction. If it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, &c. there the person in* jured has only a reparation for the delictum in damages to be assessed by...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 808 pages
...to. Here, therefore, is a fundamental distinction. BXISTOw. If i t i sa sort o f ; n j ur y by w hich the offender acquires no gain to himself at the expense...of the sufferer, as beating or imprisoning a man, &c. there the person injured has only a reparation for the delictum in damages to be assessed by a...
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The Law of Executors and Administrators

Sir Samuel Toller - 1838 - 620 pages
...had and received by the testator to the plaintiff's use. The fundamental distinction, then, is this : If it is a sort of injury by which the offender acquires no gain to himself at the expence of the sufferer; as for example, beating or imprisoning a man, there the person injured has...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - 1839 - 728 pages
...upon the cause of action and the form of action. He observes, " There is a fundamental distinction: if it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, £cc., there the person injured has only a reparation for the detictum in damages, to be assessed by...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1839 - 1088 pages
...cause of action, and the form of action. He observes (6) that there " is a fundamental distinction. If it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, &c. there, the person injured has only a reparation for the delictum in damages to be assessed by a...
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Reports of Cases Argued and Determined in the Court of King's Bench: And ...

Graham Willmore, Great Britain. Court of King's Bench, Frederick Luard Wollaston, Henry Davison - 1839 - 780 pages
...upon the cause of action and the form of action. He observes, " There is a fundamental distinction ; if it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, &c., there the person injured has only a reparation for the delictum in damages to be assessed by a...
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