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Ch. Initiative Application
(3 §. Reiteration of Suits, none
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Fresh evidence if not
containing counter evidence
to a fact evidence to but
evidence in a countersuit
Judge will not entertain
objection to former
decision but decide on
the countersuit
Art. Of the fresh evidence, as announced to
not contain in it any evidence of a nature to operate
as counter evidence in relation to a principal fact evidenced
to a principal fact of the number of these to the probation
of what evidence was applied in the former suit, is but
only evidence as to the in support of counter-fa counter-fact — that is
to say a fact constituting or helping to constitute a decision
opposite to that come to in the former suit, in such case
the Judge will not entertain any objection to the f
decision come to as to the matter of fact come to by the in the
former case by the other judicatory: but in relation to
the evidence adduced in respect of the coun proof of the
counter-fact he will pronounce such opinion desire as appears
to him well grounded, and therefore and thereupon
such imperative decree as the case requires, in affirmance or disaffirmance of the decree pronounced in on the occasion of such
anterior suit.
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Judge in this case
to scrutinize allegations
in order to avoid groundless
reiteration of suits.
Art. On this occasion, as on every other, on
which after innovation of a suit a fresh suit is endeavoured to be commenced on the
ground of evidence alledged to have been discovered not
till after the character of the evidence elicited in the
course of the former suit, the Judge will with particular
attention scrutinized into the truth of the allegations: but by
mindless reiteration of suits, danger of misdecision, or delay, vexation and expence should
by evil consciousness, negligence or temerity, be encreased.
Identifier: | JB/052/389/001 "JB/" can not be assigned to a declared number type with value 52.
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1826-10-01 |
10-11 |
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052 |
procedure code |
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389 |
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001 |
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text sheet |
1 |
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e3 |
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jeremy bentham |
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