This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... and well considered. For it is not only the duty of the court to construct and render their judgment upon true legal principles, but as far as possible to give satisfaction to the parties; and a conviction that, so far as human capacity was concerned, the law was honestly and faithfully administered. ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... and well considered. For it is not only the duty of the court to construct and render their judgment upon true legal principles, but as far as possible to give satisfaction to the parties; and a conviction that, so far as human capacity was concerned, the law was honestly and faithfully administered. And for this purpose the decisions in each case must be uniform and consistent with each other, and consistent and uniform with the practice and rules of the court. CHAPTER III. ACTIONS. 1. When a civil wrong is complained of, which has not been redressed and satisfied by the acts of the parties or the law, in the manner already treated, the law assumes to afford redress by proceedings in court; for it is a maxim in the law, that in the proper court there is to be had an appropriate remedy for every civil injury. These appropriate remedies, and the mode of applying for and obtaining them, are classified and arranged in the law according to their nature and the natural division of rights and wrongs, and are denominated cause of action; which is the facts and circumstances constituting the ground of the injury complained of, as the foundation of the action. 2. An action is the proper demand of redress, in a court of justice, of some injury to our just rights; and the right of action is the legal right to prosecute such demand to a recovery and satisfaction.1 When sucb right of action has not been redressed and satisfied, the courts will aid in effecting the proper redress by means of an action properly adapted to the injury received. The different forms of action are classified and arranged as they are adapted to remedy the different modes of injury; and this is done as well for the convenience of the parties as that of the...
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