Virginia Reports : Jefferson--33 Grattan, 1730-1880
Virginia Reports : Jefferson--33 Grattan, 1730-1880
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doctrines of pleading, and to know the ex- tent and import of any technical terms used by them ; and, 3d. That neither are the words of the act, perhaps, more stron^^, nor the reasons in favour of a qualified con- struction less operative, than in other anal- ogous cases in the law, where a restricted construction has been adopted. For ex- ample, in the act of jeofails, it is said that no judgment after verdict shall be arrested, **for omitting the averment of any matter without proving which, ...the Jury ought noi to have given such a verdict." Now it is clear, that, in assumpsit, the Jury ought not to find for the plaintiff, unless a promise be proved ; and yet this clause has been construed not to extend to cases in which a promise is not laid in the declaration. If it be proper that the declaration of a plain- tiff at law should (notwithstanding the un- qualified terms of the act of jeofails) state, in legal form, the ground of controversy, it is certainly equally necessary, that the case exhibited to a Court of Ekiuity should be of a character to confer jurisdiction upon that 'Court.
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To quickly assess the difficulty of the text, read a short excerpt:
doctrines of pleading, and to know the ex- tent and import of any technical terms used by them ; and, 3d. That neither are the words of the act, perhaps, more stron^^, nor the reasons in favour of a qualified con- struction less operative, than in other anal- ogous cases in the law, where a restricted construction has been adopted. For ex- ample, in the act of jeofails, it is said that no judgment after verdict shall be arrested, **for omitting the averment of any matter without proving which, ...the Jury ought noi to have given such a verdict." Now it is clear, that, in assumpsit, the Jury ought not to find for the plaintiff, unless a promise be proved ; and yet this clause has been construed not to extend to cases in which a promise is not laid in the declaration. If it be proper that the declaration of a plain- tiff at law should (notwithstanding the un- qualified terms of the act of jeofails) state, in legal form, the ground of controversy, it is certainly equally necessary, that the case exhibited to a Court of Ekiuity should be of a character to confer jurisdiction upon that 'Court.
What to read after Virginia Reports : Jefferson--33 Grattan, 1730-1880?
You can find similar books in the "Read Also" column, or choose other free books by Jefferson, Thomas, 1743-1826 to read onlineMoreLess
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