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175. Provision for
the time allowed in
case of garantie.
Garants divers, delay
the same.
176. Provision in favor
of garants against
a sous-garant: so as
to bis-sub-garants.
177. More obscure provision,
as to delays for
garants as to inventory-making.
178. No further delay
for calling in garants
under pretext of minority,
or other privilege.
By garant suit is
not to be staid.
179. More obscure
provision abut delay
in case of guarantie.
180. If demandeur
originaire, insists
that there is no cause
of delay for calling in
garant, the question is
judged summarily.
181. Persons cited as
gavaus attend the Tribunal
of the principal suit
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181. although they deny
guarantee, but if it appears
that the demand
has had for its only object
the drawing them
from the proper Judicatory,
they are remitted
thither.
182. Subject matter of
the suit, réelle on hypothécaire,
special provision
about garantie
obscure and apparently
useless. The alledged
garant may prendre
fait et cause du garanti.x
Power to garant
though discharged
may assister+, for protection
of his own interest.
Power to demander
for the preservation
of his rights
to demand that garant
y reste.
183. Garantie simple,
garant may intervene
without prendre
fait et cause du
garanti.x
184. If in state to be
so, the original garantie
and demand may
be
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184. be decided on
together; if not, demander
in the original
suit has a right
to a separate decision
for the original suit:
if the two causes have
been joined, the same
judgement pronounces
on the disjunction:
giving judgement
afterwards
on the principal
suit, if proper.x
185. Judgement on
garant, formels, executoire
on garantie.
Sufficient to signify
the judgement to
garantie, whether
they have been font
hors de cause, or
have assisted:x without
need of other
demand or procedure.
Only against
the garans, can costs
or damages be given.
But garant insolvent,
the costs fall+
on the garanti, unless
he has been put hors
de cause. So if Tribunal
thinks proper,
as to damages.
---page break---
180. Summariness
if just in this case
why not in any other?
181. Useless specification
of the evidence.
182.x Inexpressive expression.
+ take part?
Under publicity, power
to attend is useless.
183. take issue thereon?
184. Demandeur originaire,
instead of demandeur
dans la demande
orginaire.
Instance, here
means, cause or suit.
x A roundabout way
of saying, that the
principal and incidental
suit, may be
decided on, at the
same or different times.
185.x Assister means
here continuing to be
a party.
+ Passible means here
bound to pay.
Identifier: | JB/031/242/001 "JB/" can not be assigned to a declared number type with value 31.
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031 |
code civil |
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242 |
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001 |
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rudiments sheet (brouillon) |
1 |
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recto |
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richard doane |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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9928 |
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