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153. Divers parties
cited, one appearing
the other making default,
le profit du defaut
sera joint et
le jugement de jonction
sera signifié
à la partie défaillante
par un huissier
connis: day mentioned
in signification
on which cause is to
be called on: judgement
but one and
not opposable.
154. Without putting
in defence; defendant,
if he has
avoué, may appear
at the time. Plaintiff
then not appearing,
is in default.
155. Judgements by
default, are not executed
till huitaine
after signification to
avoué, or if none to
party, case of urgency
excepted.
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156. Provision for
the case of no avoué.
157. Party having
avoué, no opposition,
if not in huitaine.
158. By from party not
having avoué, opposition
receivable, till
time of execution.
159. Cases in which
judgement shall be
reputed executed: 1.
seized goods sold. 2. defendant
imprisoned
or recommandè. 3. seizure
of immoveables
notified to him. 4.
costs paid. 5.+ or where it
appears by some document
that the execution
of the judgement
has been known to
the defaulter. Cases
in which execution is
suspended if not declared
peremptory:
where opposition
has been made in
cases above and below.
160. Opposition formed
by party having an avoué,
requete not valid
unless communicated
by avoué to avoué.
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154. This provides
for the case where
defendant knows
that plaintiff will
desert.
155. Unbending
rule.
156. Yet by former
articles, there could
be no suit without
avoué on each side.
Strangely long fixed
term of 6 months.
159.+ Qy the meaning?
Note here as elsewhere
the vain grasping at
the means of effectual
provision by general
arrangements, rendered
vain by exclusion
of the knowledge of
individual circumstances,
not knowable
but by individual
evidence of party of which
it will not take account.
160. Another inconsistent
supposition of
a case where party
has no avoué.
Identifier: | JB/031/239/001 "JB/" can not be assigned to a declared number type with value 31.
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031 |
code civil |
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239 |
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001 |
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rudiments sheet (brouillon) |
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recto |
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richard doane |
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9925 |
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