 ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 58by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896Full view - About this book
 | Joseph Chitty - Parties to actions - 1809 - 550 pages
...might otherwise ensue on the ttial, tht plaintiff must in general slate tlie particular damage wliich he has sustained, or he will not be permitted to give evidence of it.(s-) * 387 Thus, in sin action of trespass and false imprisonment, 'where the plain: ill offered... | |
 | Joseph Chitty - Forms (Law) - 1819 - 544 pages
...consequently are not implied hy law, in order to prevent the surprise on the defendant which might otherwise ensue on the trial, the plaintiff must in general...sustained, or he will not be permitted to give evidence of it(.§r). Thus in an action of trespass and false imprisonment, *where I '*387 "I the plaintiff offered... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...might otherwise ensue on the trial, the plaintiff must in general state the par- Sthly. The ticular damage which he has sustained, or he will not be permitted to give evi- acl¡on dence of it(j/)(758). Thus in an action of trespass and false imprisonment, where the... | |
 | Law reports, digests, etc - 1838 - 700 pages
...complained of, and conseqaently are not implied by law, the plaintiff must state in his declaration the particular damage which he has sustained, or he will not be permitted to give evidence of it upon the trial. Where, therefore, a plaintiff declared in case, that the defendant had placed a quantity... | |
 | Joseph Chitty - Forms (Law) - 1851 - 900 pages
...are not implied by law, then in order to prevent the surprise on the defendant which might otherwise ensue on the trial, the plaintiff must in general...or he will not be permitted to give evidence of it (y) (3). Thus in an action of trespass and false imprisonment, where the plaintiff offered to give... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1890 - 782 pages
..."wound" is any injury breaking or cutting the skin, and is no more definite than hurt or bruised. c — Whenever the damages sustained do not necessarily...must, in general, state the particular damage which lie has sustained, or he will not be permitted to give evidence of it. Deforest v. Leete, 16 Johns.... | |
 | Theodore Sedgwick - Damages - 1852 - 722 pages
...not implied by law, then, in order to prevent the surprise on the defendant, which might otherwise ensue on the trial, the plaintiff must in general...sustained, or he will not be permitted to give evidence of it."f So in the Queen's Bench, in an action on the case for an excessive distress, it was held that... | |
 | Theodore Sedgwick - Damages - 1858 - 778 pages
...not implied by law, then, in order to prevent the surprise on the defendant, which might otherwise ensue on the trial, the plaintiff must in general...or he will not be permitted to give evidence of it" (h) So in the Queen's Bench, in an action on the case for an excessive distress, it was held that no... | |
 | United States. Supreme Court - Law reports, digests, etc - 1858 - 676 pages
...surprise to the defendant, the plaintiff must state in his declaration the particular damage which he haa sustained, or he will not be permitted to give evidence of it upon the trial." Vanderslice v. Newton, 4 Comst., 130, 132: Towing a boat from New York to Albany,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 648 pages
...are not implied by law, then, in order to prevent the surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general....or he will not be permitted to give evidence of it. Thus, in an action of trespass and false imprisonment, when the plaintiff offered to give in evidence... | |
| |
