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" Court, and that as the defendant acted in the bona fide belief of the existence of a state of facts which, if they had existed, would have afforded a defence to the action, he was entitled to notice, and the plaintiff must be nonsuited for want of it. "
Australian Annual Digest - Strana 1
1908
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Svazek 2

Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - 1866 - 662 str.
...correct. *- ' ' To entitle the defendant to the protection of the statute, he must have believed in the existence of a state of facts which, if they had existed, would have justified him in giving the plaintiff into custody. He must, therefore, have believed that the plaintiff...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Svazek 13

John Scott, Great Britain. Court of Common Pleas - 1866 - 566 str.
...necessarily follows from the finding of the jury that they were of opinion that he must have believed in the existence of a state of facts which if they had existed would justify him in taking the step he did. If so, the second finding of the jury is nothing more than an...
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Rapports Judiciaires de Québec, Svazek 3

1877 - 428 str.
...vol. 1, page 330, sec. 294, states : " If a party believes with some color of reason and bonu fide in the " existence of a state of facts, which if they...would have " afforded a defence to the action, he is entitled to protection, " although he may have proceeded illegally and exceeded his " jurisdiction."...
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Commentaries on the Liberty of the Subject and the Laws of England ..., Svazek 2

James Paterson - 1877 - 530 str.
...which he conceived himself to be so authorised. It is enough that the defendant bond fide believed in the existence of a state of facts, which, if they had existed, would have afforded a defence to the action.3 The want of bond fide belief that the statute authorised the act is not, therefore, the necessary...
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A Treatise on the Law of Evidence: As Administered in England and ..., Svazek 1

John Pitt Taylor - 1878 - 952 str.
...Act of Parliament ; but thus much may be stated with safety, that if a party believes, bona fide, in the existence of a state of facts, which, if they had existed, would have afforded a defence to the action,4 he is, — without reference to 1 Rules of Sup. Ct., Order xix., r. 16. 2 Reg. Plead., HT,...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Svazek 1

John Mews, Arthur Horatio Todd - 1884 - 1084 str.
...; 11 \V. li. 184. The proper question for the jury is, whether the defendant bonâ fide believed in the existence of a state of facts which, if they had...existed, would have afforded a defence to the action. Itoberts v. Orchard. 2 H.& C. 769 ; 33 LJ, Ex. 65 : 9 LT 727 ; 12 WB 253— Ex, Ch. Therefore, where...
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The Metropolis Local Management Acts: To which is Added an Appendix ...

Great Britain, Edmund Humphrey Woolrych, Lionel Goodrich - 1888 - 964 str.
...Dangers v. Morgan, 1 Jnr. (NS) 1051. And it is enough if the defendant honestly and bona fide believed in the existence of a state of facts which, if they had...existed, would have afforded a defence to the action ; Herman v. Seneschal, 13 CB (NS) 392 ; 32 LJCP 43; 6 LT (N.8.) 646; 11 WR 184; Roberts v. Orchard,...
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Reports of Cases Decided in the Court of Appeal, Svazek 17

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1890 - 590 str.
...pursuance of those powers although in excess of them, and to all persons having a bond fide belief in the existence of a state of facts, which if they had...existed, would have afforded a defence to the action, although they had proceeded illegally or exceeded their jurisdiction, still the defendants here have...
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The Justice of the Peace for Ireland

Henry Humphreys - 1890 - 952 str.
...office, if a party believes, with some colour of reason and tonaJMf, in a state of facts which, it they had existed, would have afforded a defence to the action, he Is entitled to protection, although he may have proceeded Illegally or exceeded his jurisdiction.—...
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A Treatise on the Law of Evidence as Administered in England and ..., Svazek 1

John Pitt Taylor - 1895 - 894 str.
...of the statute.* This much, however, may safely be stated, that if a party believes, bona fide, in the existence of a state of facts,* which, if they had existed, would have afforded a defence to the action,5 he is, — without reference to the reasonableness of such belief,6 — entitled to prolaw,...
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