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1824. Feby. 26
Constitutional CodeCh. XXI. Appellate Judicatories
§. 4. Grounds of Decision.
Art. 6. Without antecedent argumentation performed no decree of is pronounced by an
Appellate Procedure in Appeal Judicatory. or pronounced. A decree
so pronounced, the Immediate Judicatory would proceed to execution, as
if its decree had been by an special appropriate Appellate decree been fully confirmed.(a)
Note (a)
(a) No appeal without argumentation – Why –
Reason 1. If no argumentation were necessary,
power of reversing reversal without reasons given, and
by arbitrary will, would be possessed by the Appellate Judge
the check applied by the publicity would be not have place:⊞
⊞ to the operation of the
great instruments of publicity
– the Quasi Jury and the Judicial
would not Visitors the conduct of the Judge
would not in any stage of the suit
be exposed. or at any and the of publicity
of Judicial visitors,, an word at
Reason 2. The number of Appeals would be excessive.
For, were it only for delay all insincere litigants and many ones would appeal of course:
the expen appeal in
this case not being
attended with any expence.
Reason 3. The delay would be liable to be excessive:
rendered so partly by the multitude of the Appeals as
above, partly by the want of all check to procrastination
on the part of the Appellate Judge.
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