Legal remedies Quotes

“Nominal damages are in effect, only a peg to hang costs on.”

“By the rule of law, the King neither receives or pays costs.”

“A judgment for too little, is as bad as a judgment for too much.”

“Nobiles magis plectuntur pecunia; plebes vera in corpure.”

“To excuse himself from damage, must say, was ready always and at all times.”

“The King has no interest in this money : he is only Royal trustee for the party.”

“Legal remedy”

“An ejectment is an ingenious fiction, for the trial of titles to the possession of land.”

“I will be no party to paying out of charity property costs which are not properly payable out of it.”

“Vita reipubliete pax, et animus libertat et libertatis, firmissimum propugnaculum sua caique domus legibus munita.”

“This case of removing a man who lives upon his own, is a case of a tender nature: and the Court ought not to give too readily in to it.”

“A Judge ought to be severe in awarding costs when he finds that expenses have been incurred through a wrongful suppression of material documents.”

“I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages?”

“Specific performance is relief which this Court will not give, unless in cases where the parties seeking it come promptly, and as soon as the nature of the case will permit.”

“The Crown was always an unequal match for the subjects: but if the weight of costs were thrown into the scale, this would become such an addition as would make its prosecutions heavier than they would be able to bear.”

“Damages are designed not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself.”

“I have looked into the books in order to discover the origin of the proceeding of paying money into Court, but without being able to fix the period of its commencement, though I think it highly probable that it took its rise early in the present century.”

“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!”

“Every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary, but an injury imports a damage, when a man is hereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking them, yet he shall have an action. So if a man give another a cuff on the ear, though it cost him nothing, no, not so much as a little diachylon, yet he shall have his action, for it is a personal injury.”

“"Nominal damages," is a technical phrase which means that you have negatived anything like real damage, but that you are affirming by your nominal damages that there is an infraction of a legal right which, though it gives you no right to any real damages at all, yet gives you a right to the verdict or judgment because your legal right has been infringed. But the term "nominal damages" does not mean small damages. The extent to which a person has a right to recover what is called by the compendious phrase damages, but may be also represented as compensation for the use of something that belongs to him, depends upon a variety of circumstances, and it certainly does not in the smallest degree suggest that because they are small they are necessarily nominal damages. Of course, the whole region of inquiry into damages, is one of extreme difficulty. You very often cannot even lay down any principle upon which you can give damages; nevertheless, it is remitted to the jury, or those who stand in place of the jury, to consider what compensation in money shall be given for what is a wrongful act.”