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Reply
which applies to civil as well as criminal cases. Also the pleading of the plaintiff which follows the defendant's statement of his defence or counter-claim (see R.S.C. 1883, Ord. XXIII.), by which (r. 1), where plaintiff desires
Res ipsa loquitur
anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if
Restoration
Restoration, Restoration under s. 70 of the Indian Contract Act means that the defendant would have to restore the goods to the plaintiff by delivering the same to the plaintiff. As long
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Trover
lay only where the goods had been lost by the plaintiff and 'found' (whence the name) by the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of
Unica taxatio
jury, who are to try and assess damages on the issue, are also to assess damages against the defendant suffering judgment by default. [Law Latin 'A Single Taxation]. The practice of having jury assess damages against a
Verdict
given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty.
Circuity of action
inter alia a multiplicity of law suits. Wherever the rights of the litigant parties were such that the defendant would be entitled to recover back from the plaintiff the same sum which the plaintiff sought to recover,
Damages
See now Judicature Act, 1925, s. 36. The Judicature Acts allow matters to be set up by a defendant by way of counter-claim, which must formerly have been the subject of a separate action; and, therefore, a
Ejectment
claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a
Bail to the action
Bail to the action, is the surety for a civil defendant arrested by a mesne process e.g. a process issued during the lawsuit. If the defendant lost the lawsuit,
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