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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... "
New Cases: Selected Chiefly from Decisions of the Courts of the State of New ... - Page 249
by Austin Abbott - 1891
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 256

Illinois. Supreme Court - 1913 - 708 pages
...admitted the validity of the contract and estopped itself from making the contention now insisted upon. Where a party gives a reason for his conduct and decision...ground and put his conduct upon another and different consideration. He is not permitted thus to amend his hold. He is estopped from doing it by a settled...
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The Central Law Journal, Volume 90

1920 - 496 pages
...Estoppel — 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, Volume 91

1920 - 516 pages
...Sonoma Magnrsite Co., Cal., 189 Pac. 271. 35. INI«,|II>..| — Change of Ground. — Where a parly gives a reason for his conduct and decision touching...involved in a controversy he cannot, after litigation has been begun, change his ground and put his conduct upon another and different consideration, as be is...
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The Central Law Journal, Volume 92

1921 - 510 pages
...law that, where a party pives a reason for his conduct and decision touching anything involved in the controversy, he cannot, after litigation has begun,...ground and put his conduct upon another and different consideration. — Fruit Dispatch Co. v. Petropol, Ga,. 105 SE 48. 40. Evidence — \<i "ijssibility....
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 9

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, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pages
...in Railway Co. v. McCarthy, 96 US 267, "that, where a party gives a reason for conduct and decisions touching anything involved in a controversy, he cannot,...ground, and put his conduct upon another and different consideration. He is not permitted to change his hold. He is estopped from doing it by a settled principle...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 1

1878 - 542 pages
...Virginia forbade the shipment of cattle on Sunday. Held, that this point could not be raised by defendant. Where a party gives a reason for his conduct and decision...change his ground and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He is estopped from doing it...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 6; Volume 96

United States. Supreme Court - 1878 - 808 pages
...should not be allowed to prevail, where it would defeat the ends of justice or work a legal wrong. 5. Where a party gives a reason for his conduct and decision touching any thing involved in H controversy, he is estopped, after litigation has begun, from changing his...
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Albany Law Journal, Volume 17

1878 - 560 pages
...Virginia forbade the shipment of cattle on Sunday. Held, that this point could not be raised by defendant. Where a party gives 'a reason for his conduct and decision touching any thing involved in a controversy, he cannot, after litigation has begun, change bis ground and put...
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The Southern Law Review, Volume 4

1879 - 924 pages
...was estopped from raising the latter objection. Where a party gives a reason for his conduct toucning anything involved in a controversy, he cannot, after litigation has begun, change hu ground, and put his conduct upon another and different consideration. — Ohio & Mississippi RR...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 263-264

1920 - 2100 pages
...taken. In Railway Co. v. McCarthy, 96 U. S. 258, 267 (24 L. Ed. 693) the court, by Justice Swayze, said: "Where a party gives a reason for his conduct and...change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it...
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