 | 1842 - 530 pages
...his costs, unless the judge, who tries the cause, shall immediately afterwards certify on the record that the action was really brought to try a right, besides the claim to mere damages, or that the trespass was wilful and malicious. To this general rule, a further... | |
 | 1869 - 1032 pages
...recovered less than 51. he could not recover his costs if the Judge certified that the action was not really brought to try a right besides the mere right to recover damages, and that the trespass or grievance in respect of which the action was brought was not wilful and malicious,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 964 pages
...presiding officer before whom such verdict shall be obtained, shall immediately afterwards certify on the back of the record, or on the writ of trial or writ...that the action was really brought to try a right," &c. By the express words of the act, therefore, the power of certifying is limited to the two classes... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 988 pages
...which was referred by order of Nisi Prius to an arbitrator, he awarded (inter alia) that the action was brought to try a right, besides the mere right to recover damages:— Held, that he was not bound to state what was the right which the action was brought to try. Where,... | |
 | 1839 - 538 pages
...obtained shall immediately afterwards certify on the back of the record (if the action be in trespass) that the action was really brought to try a right...trespass or grievance for which the action shall have beeu brought. " Of all men who ever lived he has sought the least, the popularity he has so largely... | |
 | 1840 - 488 pages
...given on trial or by default, unless the judge, &c. shall immediately afterwards certify on the record, writ of trial, or writ of inquiry, that the action...right, besides the mere right to recover damages, or that the trespass or grievance was wilful or malicious. S. 3. Nothing herein to deprive any plaintiff... | |
 | 1840 - 946 pages
...obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or on the writ of inquiry, that the action was really brought to try a righl besides the mere right to recover damages for th< trespass or grievance for which the action... | |
 | 1841 - 550 pages
...verdict shall have been 1 Byth. 121, 3d edit. obtained, shall immedintfly afterwards certify on the back of the record, or on the writ of trial, or writ of inquiry, that the action \va« really brought to try a right, besides the mere right to recover damages for the trespass or... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 pages
...shall recover less damages than 40s., he shall not be entitled to costs, unless the judge shall certify that the action was really brought to try a right, besides the mere right to damages, or that the trespass or grievance in respect of which the action was brought, was wilful and... | |
 | 1841 - 522 pages
...the same learned Judge says—" In this instance, the certificate granted was bad. The action •was brought to try a right, besides the mere right to recover damages, and it is said that on the pleading on this record, such a question did not arise at the trial at all... | |
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... that the action was really brought to try a right besides the mere right to recover damages... 
