 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1879 - 1026 pages
...defendant, and that the facts proved at the trial disclosed no cause of action in the plaintiff'; and if the court should be of opinion that the plaintiff was entitled to recover, the court was to say whether the plaintiff was entitled to recover any and what sum beyond the deposit... | |
 | James Barr Ames - Negotiable instruments - 1881 - 932 pages
...under the circumstances, the plaintiff is entitled ,to recover, or is barred by that agreement. If the court should be of opinion that the plaintiff was...to stand ; otherwise, a nonsuit was to be entered. Marryat, for the plaintiff, contended that the instrument signed by Parry (the original holder of both... | |
 | James Barr Ames - Negotiable instruments - 1881 - 910 pages
...nonsuited, the learned judge giving him leave to move to enter a verdict for the amount of the bill, if the court should be of opinion that the plaintiff was entitled to recover. O. Henderson now moved accordingly, on the grounds taken at the trial. Sedper Curiam. This defence... | |
 | Law - 1845 - 500 pages
...due, and Grover liable therefor. It was agreed, that if, upon the foregoing statement of facts, the court should be of opinion that the plaintiff was entitled to recover, judgment should be rendered in his favour, for the sum claimed and his costs; otherwise, that judgment... | |
 | Law reports, digests, etc - 1897 - 1036 pages
...agreement of April 12. 1S93. If, upon the facts stated, without regard to the form of the pleadings, the court should be of opinion that the plaintiff was entitled to recover, judgment was to be rendered for him for such sum as he was entitled to, with costs; otherwise judgment... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1897 - 784 pages
...agreement of April 12, 1893. If, upon the facts stated, without regard to the form of the pleadings, the court should be of opinion that the plaintiff was entitled to recover, judgment was to be rendered for him for such sum as he was entitled to, with costs ; otherwise, judgment... | |
 | Benjamin Russell - 1885 - 608 pages
...enter a verdict or judgment for the plaintiff in such sum as they should think proper, in case the Court should be of opinion that the plaintiff was entitled to recover. And on the 12th day of December, being the first day of the term, Mr. MacCoy moved, on affidavit, for... | |
 | William Albert Keener - Quasi contracts - 1888 - 1234 pages
...taken for the plaintiff for W001., subject, as to the amount, to the award of an arbitrator, if the court should be of opinion that the plaintiff was entitled to recover upon the following case. The plaintiff was the owner of the ship Mayflower : the defendants were merchants... | |
 | John Chipman Gray - Personal property - 1888 - 936 pages
...deliver them, paid Blake a sum of moue}' in discharge of his engagement. If, upon the facts stated, the court should be of opinion that the plaintiff was entitled to recover, the defendant was to be defaulted ; otherwise the plaintiff was to become nonsuit ; and in either case... | |
 | Robert Campbell - Annotations and citations (Law) - 1898 - 872 pages
...this case. (It being agreed that the amount of the damage should be settled by arbitration, if the Court should be of opinion that the plaintiff was entitled to recover anything beyond the sum paid into Court. ) On the 4th October, 1807, the ship General Miranda arrived... | |
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... if the court should be of opinion that the plaintiff was entitled to recover. 
