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 11908Úplné zobrazení - Podrobnosti o knize
| 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... | |
| 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."... | |
| 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... | |
| 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,... | |
| 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... | |
| 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,... | |
| 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... | |
| 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.—... | |
| 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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