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" Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to... "
The Federal Reporter - Стр. 248
1903
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The Central Law Journal, Том 91

1920 - Страниц: 512
...may. — Coon v. Sonoma Magnesite Co., Cal.. 189 Pac. 271. SB. E»«opp«l — Change of Ground. — Where a party gives a reason for his conduct and decision...Involved in a controversy he cannot, after litigation has been begun, change his ground and put his conduct upon another and different consideration, as he is...
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The Central Law Journal, Том 63

1906 - Страниц: 530
...advantage by such a wrong. In the ease of Hallway Co. v. McCarthy, 96 US 2«7, Mr. Justice Swayne said: "Where a party gives a reason for his conduct and...touching anything involved In a controversy, he cannot lifter litigation has begun, change his ground and put bis conduct on another and different consideration....
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The Central Law Journal, Том 90

1920 - Страниц: 490
...Entoppel — Change of Position. — Where a party gives a reason for his conduct and decision as to anything involved in a controversy, he cannot, after...begun, change his ground and put his conduct upon a different consideration and so mend his holding. — Mitchell v. Brotherhood of Locomotive Firemen...
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The Central Law Journal, Том 6

1878 - Страниц: 542
...on the Sabbath. This point was an afterthought suggested by the pressure and exigences of the case. Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he can not, after litigation has begun, change his ground and put his conduct upon another and different...
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The Central Law Journal, Том 92

1921 - Страниц: 500
...that, where a party yrives a reason for his conduct and decision touching anything involved in the controversy, he cannot, after litigation has begun,...change his ground and put his conduct upon another and different consideration. — Fruit Dispatch Co. v. Petropoi, Ga., 105 SE 48. 40. Evidence — Admisslbility....
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The Central Law Journal, Том 71

1910 - Страниц: 506
...i>lay, expressed by Mr. Justice Swayne, in Railway Company v. McCarthy, 96 US 267, 24 L. Ed. C93. that "where a party gives a reason for his conduct and decision touching anything in a controversy, he cannot, after litigation has begun, put his conduct in another and different consideration....
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Digest of Insurance Cases: Embracing the Decisions of the Supreme and ...

John Allen Finch - 1907 - Страниц: 544
...that where a party assigns a reason for his conduct and decision touching the matter inTolved in the controversy, he cannot, after litigation has begun,...change his ground and put his conduct upon another and different consideration. Where an agent for an insurance company, under a salary contract and for certain...
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Law and Labor, Том 2

1920 - Страниц: 304
...taken. In Railway Co. v. McCarthy, 96 US 258, 267 (24 L. Ed. 693) the court, by Justice Swayze, said : " 'Where a party gives a reason for his conduct and...estopped from doing it by a settled principle of law.' "This rule is well established, and its application is compellable, by close analogy, to the situation...
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Atlantic Reporter, Том 85

1913 - Страниц: 1260
...expressed in Railway Co. v. McCarthy, 96 US 258, 268 (24 L. Ed. G93). In that case Justice Swayne says: 'Where a party gives a reason for his conduct and...change his ground and put his conduct upon another and n different consideration, lie is not permitted thus to mend his hold. He is estopped from doing it...
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The Southeastern Reporter, Том 107

1921 - Страниц: 960
...but upon other grounds refuses to sell, the owner's right to stand upon such an objection is waived. "Where a party gives a reason for his conduct and...change his ground and put his conduct upon another and different consideration." Fenn v. Ware, 100 Ga. 563 (1), 566, 28 SE 238, 239; Tuggle v. Green, 25 Ga....
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