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" The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case. "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Page 206
by Alabama. Supreme Court, George Noble Stewart - 1832
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 7

Great Britain. Court of Common Pleas, William Pyle Taunton - 1819
...more than twelve months after the demolishing. Beatsun and Ottt" v. Rushfortb. *S ILLEGAL CONTRACT. . The test, whether a demand connected with an illegal transaction, is capable of being enforced at lap> is, whether the Plaintiff requires any aid from the illegal transaction to establish his case....
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869
...the common or statute law, no Court will lend its assistance to give it effect ; and the test as to whether a demand connected with an illegal transaction...enforced at law is, whether the plaintiff requires to rely on such transaction in order to establish his case." In Holman v. Johnson (I) Lord Mansfield,...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - Actions and defenses - 1834 - 792 pages
...oritur non actio. The common law prohibits every thing which is unjust, or contra bonos mores (a) : and the test, whether a demand connected with an illegal...aid from the illegal transaction to establish his case (6). The object of all laws is to repress vice, and promote the general welfare of the state,...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839
...cannot be distinguished from these. [Bosanquet, J.—In Simpson v. Bloss, 7 Taunt. 246, it was held that the test whether a demand connected with an illegal...requires any aid from the illegal transaction.— Tindal, CJ—Suppose the contract had been stated at length in the declaration, would it not have shewn...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839
...cannot be distinguished from these. [Bosanquet, J. — In Simpson v. Bloss, 7 Taunt. 246, it was held that the test whether a demand connected with an illegal...plaintiff requires any aid from the illegal transaction. — Tindal, CJ — Suppose the contract had been stated at length in the declaration, would it not...
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A Digest of the Reported Cases Adjudged in the Several Courts Held ..., Volume 1

Thomas Isaac Wharton - Law reports, digests, etc - 1843
...rescind the assignment and transfer. Delamater's Estate, 1 Wh. 362. (b) Illegal consideration. 43. The test, whether a demand connected with an illegal...enforced at law, is, whether the plaintiff requires the aid of the illegal transaction, to establish his case. Swan v. Scott, 11 S. &R. 164. DUNCAN,!....
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The Law Times, Volume 2

Law - 1844
...a prohibition (Cope v. Rowlands, 2 M. & W. 157) ; and the test, whether the action is maintainable, is, whether the plaintiff requires any aid from the illegal transaction to establish his case. (Simpson v. Bloss, 7 Taunt. 246.) Stakeholder. — The rule as to a stakeholder is, that if the...
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South-western Law Journal and Reporter, Volume 1

Law - 1844
...Bank vs. Merrick, 14 Mass. Rep, 322, and cases cited above. The true test by which it is ascertained whether a demand connected with an illegal transaction, is capable of being enforced at law, it is said, is, whether the plaintiff requires the aid of the illegal transaction, to establish his...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 9

Alabama. Supreme Court - Law reports, digests, etc - 1846
...Ala. 486 ; 9 Mass. 423 ; 16 Id. 94 ; 10 Peters, 344.] Whetstone v. The Bank at Montgomery. The true test, whether a demand connected with an illegal transaction...aid from the illegal transaction to establish his case. [7 Taunton, 42G ; 2 Marsh. 542 ; 1 Caine's, 104 ; 6 Ohio, 21 ; 11 S. & R. 164 ; 15 Eng. C, L....
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 2

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847
...up in answer to Rouse's action upon the •5081 b'll- I" Simpson v. Bloss, 1 Taunt. 246, it was held that the test, *whether a demand connected with an...aid from the illegal transaction to establish his case. There, the plaintiff laid an illegal wager with B.: the defendant assumed a part in the bet:...
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