 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1886 - 686 pages
...with the wrong-doer. In both cases there are well established exceptions. In respect to the latter, if the offender acquires no gain to himself at the expense of the sufferer, as by beating or imprisoning a man, or by slander, the cause of action does not survive ; but if by the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1886 - 934 pages
...with the wrong-doer. In both cases there are well established exceptions. In respect to the latter, if the offender acquires no gain to himself at the expense of the sufferer, iis by beating or imprisoning a man, or by slander, the cause of fiction does not survive; but if by... | |
 | John T. Cook - Law reports, digests, etc - 1885 - 874 pages
...It was, however, held in Hambly v. Scott, Cowper, 371, Lord MANSFIELD delivering the opinion, that "If it is a sort of injury by which the offender,...of the sufferer, as beating or imprisoning a man, etc., then the person injured has only a reparation for the delictum, in damages to be assessed by... | |
 | William Albert Keener - Quasi contracts - 1888 - 1234 pages
...liable." These are the words Sir Thomas Eaymond 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, etc., there the person injured has only n reparation for the delictum in damages to be assessed by... | |
 | William Albert Keener - Contracts - 1893 - 508 pages
...Lord Mansfield, in Hambly v. Trott:4 — i 18 Ind. 440. 3 20 Kan. 235. * 20 Kan. 90. * Cowp. 371. " If it is a sort of injury by which the offender acquires...of the sufferer, as beating or imprisoning a man, ete., there the person injured has only a reparation for the delietum in damages to be assessed by... | |
 | William Albert Keener - Equity - 1894 - 908 pages
...action survives against the executor. But where the cause of action is a tort, or arises ex delieto, supposed to be by force, and against the King's peace,...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... | |
 | Edwin Ames Jaggard - Torts - 1895 - 700 pages
...is in tort only, while in the other you can sue in quasi contract." "8Keener, Quasi Cont. 183. 144 "if it is a sort of injury by which the offender acquires...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... | |
 | Law - 1895 - 360 pages
...of sheep l>elonging to the plaintiff. Lord Mansfield, in delivering the opinion of the court, said: "If it is a sort of injury by which the offender acquires...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... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1895 - 1102 pages
...In Hambly v. Trott, Cowp. 371, Lord Mansfield said: " 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, etc., there the person injured has only a reparation for the delictum in damages to be assessed by... | |
 | Canada - 1900 - 850 pages
...delicto (o) supposed to be by force and against the king's peace, there the action dies, — as batten', false imprisonment, trespass, words, nuisance, obstructing...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... | |
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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, etc., there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But... 
