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P1
Ch. | Matter common to
all Suits
§. Execution, probation,
consummation.
1.
Execution last in act
but first in design.
2.
Of every demand; execution
the object.
3.
But Judge will not
give effect to the means
of execution, unless
satisfied of the existence
of a certain set
of facts, being the case
within the genus of cases
in which execution
is provided for by substantive
law.
4.
These facts evidentiary
facts.
5.
Instruments of probation
termed evidence.
6.
Near of him to evidence
is proof.
7.
Evidence and proof
distinction.
8.
Probation, disprobation,
counterprobation.
9.
Probation conclusive.
10.
If probation adequate
or preponderate over
disprobation, or counterprobation,
the
right to execution
established.
11.
Exceptions
1. Cases for sistition
2. Cases for exemption.
12.
Communication necessary
to execution
13.
So to probation
14.
Mode of communication
will depend on
purposes.
15.
Necessity of probation
created by law — of communication
by the
nature of things.
16.
Execution definitive
and provisional.
17.
Definitive execution
determined by the
nature of the service
demanded — provisional
by the nature
of the facts.
18.
Provisional execution
purposes of.
Identifier: | JB/052/116/001 "JB/" can not be assigned to a declared number type with value 52.
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1826-08-22 |
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052 |
procedure code |
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116 |
procedure code |
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001 |
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marginal summary sheet |
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recto |
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john flowerdew colls |
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16789 |
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