The Nova Scotia Reports, volume 28
The Nova Scotia Reports, volume 28
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In our eReader you can find the full English version of the book. Read The Nova Scotia Reports, volume 28 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Nova Scotia Reports, volume 28
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As to the necessity for this instruction we find in Brown v. Hatvkea, (1891) 2 Q. B., 718, Lord Esher says : — " In this case the jury have found that the defendant did honestly believe in the full charge that he laid before the magistrates. Under these circumstances we have to see whether there was any evidence, beyond the absence of reasonable and probable cause, on which the jury might find that the defendant was malicious in fact. It might be shown that, although the defendant thought the p...laintiff was guilty ; yet, in preferring the charge, he was not acting upon that view, but from some indirect motive." The whole tenor of the judgment in the above case points especially to this consideration, and has a strong bearing on the case before us. The judge here, having decided the question of absence of reasonable and probable cause against the defendant, it became very material where, as here, admissions of the defendant pointed to other motives than a desire to vindicate the law, for the jury to be specially told so.
What to read after The Nova Scotia Reports, volume 28?
You can find similar books in the "Read Also" column, or choose other free books by Nova Scotia. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
As to the necessity for this instruction we find in Brown v. Hatvkea, (1891) 2 Q. B., 718, Lord Esher says : — " In this case the jury have found that the defendant did honestly believe in the full charge that he laid before the magistrates. Under these circumstances we have to see whether there was any evidence, beyond the absence of reasonable and probable cause, on which the jury might find that the defendant was malicious in fact. It might be shown that, although the defendant thought the p...laintiff was guilty ; yet, in preferring the charge, he was not acting upon that view, but from some indirect motive." The whole tenor of the judgment in the above case points especially to this consideration, and has a strong bearing on the case before us. The judge here, having decided the question of absence of reasonable and probable cause against the defendant, it became very material where, as here, admissions of the defendant pointed to other motives than a desire to vindicate the law, for the jury to be specially told so.
What to read after The Nova Scotia Reports, volume 28?
You can find similar books in the "Read Also" column, or choose other free books by Nova Scotia. Supreme Court to read onlineMoreLess
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