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G.B. 1830. Aug. 12
Review
III. Legacia
1.
As to each of the several matters
of fact in dispute after the
chaos of special pleading the
Judge has authority to send it
to Jury.
2 Re. 1. Whether Jury Trial Re. 2 Jury Trial
In this case Reinquiry the 1st.
to determine whether Reinquiry
the 2nd. being the said
Jury trial shall have place.
3 Re. 3. Motion for New
With these two Reinquiries and
motions for new trials
Reinquiry may be carried
on as long as six-and-eight-pences
remain the pocket
of either party.
4 Re. 4 New accordingly So
Moreover every order subject
to review by motion.
II. Series II
5
This the first series – comes
now a new series of reinquiry
6 Re. 1 Motion of Postponement
1st Power to Judge to postpone
trial as to matter of
fact.
7 Examination now
At this stage examination
upon oath required.
8
Objection that this series
of reinquiries will be the
first not the second.
III Series III
9. Opinion
Third Series. Power to take
the opinion of one of the
Courts.
10 Opinion of Equity
As to mode of taking the
opinion – To Courts of law
no great difficulty – To
Courts of Equity a new road
must be opened.
11. Bill filable
Vehicle a Bill in Equity.
12
Consent of parties necessary.
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III Legacia
13. Parties Consent how procurable.
In this section may
be seen the draughtsman's
estimation of qualities
moral and intellectual
of parties and gentlemen
learned official and professional.
14 Parties' Consent how procurable
On the attorneys and lawyers
on both sides he relies
for procuring parties'
consent.
15. Parties Consent how procurable
Cases not wanting in
which without danger
of disappointment he
may be taken at his
word.
16. Instruments 7 necessary
By §74 no legacy can be
claimed without written
instruments no fewer
than 7.
17. J.B.'s Plan
J.B's Bill would carry
off the whole of this
gold mine
18 J.B.'s Plan
Simple course to be
pursued by alleged legatee
under J.B's system.
19 J.B.'s Plan.
Expense little as it is
how divided under J.B's
system.
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III. Legacia
20 Lawyers Favoured.
Brougham's care of interests
of Equity Judges in opposition
to the interest of 13 millions.
21. Lawyers favored
No suit in local Courts for
legacies for which suits pending
in other Courts.
22. Lawyers favored Delay created
Power to Judge to suspend
decision till suits pending
in other Courts decided.
23.
True that it is necessary that
the fact be made out to
the satisfaction of the Judge
Ordinary but how to be so
made out of no importance.
24 Nomography. Party one
On no occasion but one
the idea presented that
there may be persons
more than one on either
side of the suit
26 Lawyers favored Opinion necessitated
In relation to this Equity
business Counsel's signature
made requisite.
27. Suitors distinguished
In no part of the Bill
does the draughtsman
show the slightest regard
to the interests of the suitors.
Identifier: | JB/004/090/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-08-12 |
1-27 |
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004 |
lord brougham displayed |
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090 |
review |
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001 |
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marginal summary sheet |
1 |
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recto |
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george bentham; richard doane |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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2011 |
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