 No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 95by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903Full view - About this book
 | 1858 - 808 pages
...is tested, and hence, this embraces the subject of illegal contracts. The general rule here is. that no Court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. But that immoral or illegal character is never presumed. It is the subject of averment... | |
 | Illinois. Supreme Court - 1910 - 710 pages
...man v. Johnson, Cowp. 341 : "The principle of public policy is this : Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act." No person who has participated in a transaction forbidden by statute will be allowed... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1861 - 1008 pages
...plaintiff was to pay 500/. to the officials, and the transaction was a fraud on the Turkish government. No Court will lend its aid to a man who founds his cause of action upon an immoral or illegal act : in such case the maxim potior est conditio possidentis applies : Holman \. Johnson (a).... | |
 | Massachusetts. Supreme Judicial Court - 1863 - 658 pages
...dog wjthCummings v. Pciham. out such collar is in itself illegal. "No court," says Lord Mansfield, " will lend its aid to a man who founds his cause of action upon an immoral or illegal act." Holman v. Johnson, Cowp. 343. In Law v. Hodson, 1 1 East, 300, it was decided, under... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 580 pages
...are no prohibiting words in the statute " (18). In Holman vs. Johnson (19), Lord Mansfield said, " No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. If, from the plaintiff's own showing, or otherwise, the cause of action appears to arise... | |
 | William Johnson, New York (State). Supreme Court - 1864 - 520 pages
...illegal, is not allowed for the sake of the defendant. It is founded on general principles of policy. No court will lend its aid to a man who founds his cause of action upon nn immoral or an illegal act : ex dolo malo non orítur nctio. If, from the plaintiff's own stating,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 pages
...to cases of this description is, that the court will not interfere to grant relief to either party. No court will lend its aid to a man who founds his action upon an illegal contract. It says to him that, even though he suffer injustice at the hands... | |
 | George Frederick Wharton - 1865 - 296 pages
...accident, as it were. The principle of public policy is this : — " Ex dolo malo non oritur actio." No court will lend its aid to a man who founds his...cause of action upon an immoral or an illegal act. If,. from the plaintiff's own statement or otherwise, the cause of action appears to arise ex turpa... | |
 | North-Western Provinces, India - 1865 - 614 pages
...advances were made on their being entered into ;" and the Court accordingly, on the principle that "no Court will lend its aid to a man who founds his cause of action on an illegal act," disallowed the plaintiff's entire claim, including the sum advanced by him. This... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 716 pages
...founded on that illegal transaction. In Hoi man v. Johnson, 1 Cowp. 341, 343, lord Mansfield says : " No court will lend its aid to a man who founds his action upon an immoral or illegal act." In the case of Wheeler v. Russell, 17 Mass. 258, the chief... | |
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