 | Elihu Hall Bay - Law reports, digests, etc - 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 ;... | |
 | Robert Henley Eden Baron Henley - Injunctions - 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... | |
 | Jacob D. Wheeler - Common law - 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... | |
 | Great Britain. Court of Chancery, James Russell, James William Mylne - Equity - 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...beating or imprisoning a man, &c. there the person in* jured has only a reparation for the delictum in damages to be assessed by a jury. But where besides... | |
 | Sir Samuel Toller - Executors and administrators - 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... | |
 | Great Britain. Court of King's Bench, Sandford Nevile - Law reports, digests, etc - 1839 - 762 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...there the person injured has only a reparation for the detictum in damages, to be assessed by a jury. But where, besides the crime, property is acquired,... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 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... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 770 pages
...Mansfield, in the case of Hamlly v. Trott.(a) " "Where the cause of action is a tort, or arises ex delicio : 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 with the person : but where, besides the crime, property is acquired which benefits... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1864 - 516 pages
...lordship considered it substantially an action founded on property, it was held not to lie. He says, " If it is a sort of injury by which the offender acquires...no gain to himself at the expense of the sufferer, then the only reparation is, for the delictum in damages to be assessed by a jury ; but where, [ *... | |
| |
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, etc., there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But... 
