To entitle a plaintiff to maintain an action, it is necessary to shew a breach of some legal duty due from the defendant to the plaintiff.
In all cases whatever it is usual for either plaintiff or defendant to speak by their counsel. You are assisted by a most able counsel, and you would not be guilty of any impropriety if what you wish to offer to the Court were first suggested to him, for he would then determine of the propriety of suggesting it to the Court.
The plaintiff cannot dive into the secret recesses of his (the defendant's) heart.romilly, john, 1st baron romilly
A plaintiff who comes into a Court of justice must show that he is in a condition to maintain his action.kenyon, lloyd, 1st baron kenyon
He was deeply impressed by the eloquence of the plaintiff, and after hearing his evidence he exclaimed, "I believe you are right!" The clerk of the court explained that he should make no such comment until he had heard the case for the defence. Having done so, Nasruddin cried out, "I believe you are right!" "But they can't both be right," expostulated the clerk. "I believe you are right," said the Mulla.nasreddin
If every untrue statement which produces damage to another would found an action at law, a man might sue his neighbour for any mode of communicating erroneous information, such (for example) as having a conspicuous clock too slow, since plaintiff might thereby be prevented from attending to some duty or acquiring some benefit.
There are slave-drivers quietly whipped underground, There bookbinders, done up in boards, are fast bound, There card-players wait till the last trump be played, There all the choice spirits get finally laid, There the babe that's unborn is supplied with a berth, There men without legs get their six feet of earth, There lawyers repose, each wrapped up in his case, There seekers of office are sure of a place, There defendant and plaintiff get equally cast, There shoemakers quietly stick to the last.james russell lowell
Where a real ground is laid, the Court will take care that justice is done to the defendant as well as to the plaintiff.
Of course the rule is very plain, that no man can be plaintiff or prosecutor in any action, and at the same time sit in judgment to decide in that particular case, either in his own case, or in any case where he brings forward the accusation or complaint in which the order is made.
The test as to whether the amendment should be allowed is whether or not the defendants can amend without placing the plaintiff in such a position that he cannot be recouped, as it were, by any allowance of costs or otherwise.
Now, in deciding whether discovery ought to be given, we must first consider whether it will help the plaintiff at the trial. If it will not, but will only be of use if the plaintiff obtains a decree, then ... we consider whether it is fair that the defendant should be obliged to give it at this stage of the proceedings, or whether to compel him to give it would be oppressive.
The Court is always unwilling before the right to relief is established to make an order for discovery which may be injurious to the defendant, and will only be useful to the plaintiff if he succeeds in establishing his title to relief.
In this case the plaintiff does not come into Coirrt with clean hands; he alleges his own turpitude, and is indictable for his fraud.
My brothers differ from me in opinion, and they all differ from one another in the reasons of their opinion; but notwithstanding their opinion, I think the plaintiff ought to recover, and that this action is well maintainable and ought to lie. I will consider their reasons.
My judgment ought to be given for the plaintiff:;: but my brothers are all of another opinion, and so I submit to it. The defendant must have his judgment.
Very unequal would that interpretation be, which would construe the same words for the plaintiff according to the real substantial truth of the thing, in opposition to legal forms; and against the defendant according to legal notions and forms, contrary to real truth, more especially when the law, from the nature of it, ought to be taken liberally in favour of defendants.
Le direction del Judge in civil pleas doit estre hypothetic, si le fait soil trove tiel, donque pur le plaintiff ou defendant, mes ne ungues positive ou coercive, ne le jury finable : The direction of the Judge in civil pleas ought to be hypothetick, if the fact be found such, then for the plaintiff or defendant, but never positive or coercive, nor is the jury finable.
It is unconscionable in a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just. Against such objections every possible presumption ought to be made, which ingenuity can suggest. How disgraceful then would it be to the administration of justice to allow Chicane to obstruct Bight; by the help of a legal fiction contrary to the help of the fact!
A plaintiff who comes into a Court of justice must show that he is in a condition to maintain his action.
Every person of any experience in Courts of justice, knows that a scintilla of evidence against a railway company is enough to secure a verdict for the plaintiff. I was once in a case before a most able Judge, the late Chief Justice Jervis, in which I was beaten, I dare say rightly, in consequence of an observation of his: "Nothing is so easy as to be wise after the event."