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Corrected all but 2 124
Ch. VII Suits — their Sorts.
(1 §.4. 2. Simple and Complex.
Ch. VII Suits - their Sorts.
§.4.2. Simple & complex.
1.
Art 1. Suits simple and
complex. In the case
of complexity for the
standard of comparison,
take the most simple
conceivable.
2
Art 2. Exemplification
in the case of a non-penal
Suit.
1. Subject Matter one,
say a home, claimed
by Pursuer of Defendant.
2. Pursuer, one.
3. Defendant, one
4. Evidence on pursuer's
side, witness one,
the pursuer.
5. On Defendant's side
Witness one, the Defendant.
X end of Sheet 5. R.D.
Art 3. In the case of a
penal Suit
1. Subject matter, a
horse as above: but
now alledged to have
been stolen.
2. Pursuer, one — say the
Government Advocate
3. Defendant one, the
alledged thief
4. Evidence on the pursuer's
side, witness
one as before — the
pursuer.
5. Evidence on the Defendant's
side; Witness
one — the Defendant.
Ch. VII Suits - their Sorts.
§.4.2. Simple & complex.
4.
Art 4. Examples of
Sources of complexity.
1. In a non-penal case,
1. Multitude of Pursuers
2. Multitude of Defendants
3. Multitude of Pursuer's
evidences.
4. Multitude of Defendant's
Evidences.
5. Complexity of the subject
matter of demand.
6. Multitude of elementary
Services comprised
in the nature of
the principal Service
demanded: as in the
case of an account with
many items.
7. Multitude of elementary
collative facts
necessary to constitute
one effective title.
8. Multitude of counter
demands or set offs on
the Defendant's side.
5.
Art 5. II. In a Penal case,
1. Multitude of Defendants
i.e. alledged Co-Offenders
in respect of universally
conjugated mode
of delinquency; to wit
instigation, effectuation
assistance, subsequential
protection.
2 Multitude of Offences
naturally concatinated
on the occasion of the
same forbidden design:
acts of preparation,
attempt, consummation; or
as in rebellion, sedition,
Riot, Smuggling.
Ch VII Suits - their Sorts.
§.4.2 Simple & Complex.
6.
Art 6. Examples of cases
in which persons more
than one, may stand
connected in interest
on one side or the other:
in particular on the
pursuer's side.
1. Husband and Wife.
2. Principal & Trustee:
to wit in the various
characters of
1. Guardian of a non Adult
2. Guardian of a person
insane.
3. Steward for residence
or property.
4. Bailif for property.
5. Commercial Agent
6. Trustee for a mass
of property, placed in
trust for some particular
purpose.
4. Persons respectively
claiming, or possessing,
an official situation,
Non-Ecclesiastical or
Ecclesiastical, in the
character of Locater
(Patron) Locatee (Nominee,
Incumbent on
other occupant.
5. Executor or Executors,
or Administrator or
Administrators, to a
party deceased.
6. Partners in a Mass
of Manufacturing or
trading Stock, or in the
Exercise of a Profit Seeking
art or profession.
7. Members of the same
Corporate Body, suing or
sued as such.
8. Persons jointly interested;
as co-occupants
or expectants, simultaneously
or successively
in a Mass of immoveable
property, ( devisees,
Remainder Men,
&c.)
6 contind.
9. Persons having an
interest in a Complex
Subject Matter, as per
No IX.
10. Possession of a thing
claimed by divers Claimants:
as in case of Interpleader,
Garnishment,
Foreign Attachment
(Anglicé); Multiple
poinding (Scotice)
Identifier: | JB/052/058/001 "JB/" can not be assigned to a declared number type with value 52.
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ch. vii suits - their sorts / simple & complex |
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