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1826. Septr. Oct. 1
Procedure Code.
Ch. Application
S. Reiteration of suits, none
Reiteration of such, none. No virtual Appeal from Immediate
to Immediate Judicatory.
1
Applicant to be examined
as to his having made any
previous application on
the same demand
Art. Previously to the giving admittance to the
Applicant in the character of Pursuer, the Judge will examine abrogate
him as to the having made application in
the same demand by application to any other Judicatory
2
A suit terminated no application
to be made by parties but
to the appropriate appellate
Judicatory
Enaction
Art. Exception excepted in respect of 1. the person deemedsuit
which has been having been made is intestifiedcommon
which has been terminated or is pending in any judicatory
shall application be made by the pension or any partyparty
on either side to any other the appropriate Appellant Judicatory
Ratiocinative.
3
Reason such fresh suit
would have the effect of on
Appeal
Art. For, if this case, such fresh suit, would
of suffered to be entertainedhave the effect of an Appeal.
4
Exception discovery of fresh
evidence more easily elicitated
in another Judicatory
Art. Exception may be where after the
termination of a suit in any Immediate Judicators, whether witness
Appeal or an Appeal, the existence evidence which the applicant
had no knowledge or suspicion of, have been made known to
him, at the same time that, for the elicitation of the aggregate
mass of appropriate evidence, that including that
which had been checked in the course of former suit, in the Judicatory
thus applied to in the second instance applied to
the suit may be carried in and terminated in a manner
more conformable to the aggregate of the ends threat and collateral together of justice, taken in
the aggregate, than in the Judicatory in which in and by
the first suit it received its termination.
5
The necessity to be ascertained
by the Judge by examination
of the applicant
Art. On an occasion of these days By the examination of the applicant, the
Judge will obtain satisfaction in relation to the facts infrom which
depends it will appear on whichthe side the ba of which Judicatory
the balance is in respect of preponderant convenience
Identifier: | JB/052/387/001 "JB/" can not be assigned to a declared number type with value 52.
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