| 词汇 | CASE2 |
| 释义 | `1`CASE2 `2` "Legal Lexicon": Any matter may, in general, be given in evidence, under the plea of not guilty, except the statute of limitations. In cases of slander and a few other instances, however, this cannot be done. When the plaintiff declares in case with averments appropriate to that form of action and the evidence shows that the injury was trespass; or when he declares in trespass and the evidence proves an injury for which case will lie, and not trespass, the defendant should be acquitted by the jury or the plaintiff should be nonsuited. The judgment is that the plaintiff recover a sum of money, ascertained by a jury, for his damages sustained by the committing of the grievances complained of in the declaration, and costs. In the civil law an action was given in all cases of nominate contracts which was always of the same name. But in innominate contracts, which had always the same consideration, but not the same name, there could be no action of the same denomination, but an action which arose from the fact, in factum, or an action with a form which arose from the particular circumstance, praescriptis verbis actio. --b-- |
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