JB/052/519/001

Click Here To Edit

1823. Octr. 28
Constitutional Code

The practical conclusion is that, generally
speaking, examinations in the epistolary
made, with or without the intervention of the
Judge of the distant judicatory, will be more in it's application
frequently found eligible in its application, as applied to the situation
of an extraneous witness, than in it's applications to the situation of a party defendant.

As it can seldom fail to happen that,
in the situation of Pursuer, a party may have
need to extract admissions or testimony, or both,
from the lips or hand of a Defendant, so what
will be continually happening is, that on his
part, the Defendant may have like need to extract
admissions or testimony, or both, from the
lips or the hands of the Pursuer.

Under the authority of the English Equity
Court where this sort of reaction has place, the
Lawyer tribe have given themselves the benefit
of making for themselves an additional suit out
of it. This suit called by them a crossed suit, or
a cross cause: and forasmuch as, on the part
of the plaintiff and his professional advisers and
assistants of all classes, reluctance in respect
of admissions and testimony may be not inferior
to what it is on the Defendant's side,
hence it is that by a state of things thus frequently
occurring, the delay vexation and expence,
with the profit extractible and extracted
out of the expence is doubled: and this in the
perhaps comparatively rare case, relation had
to the sort of cases carried into those Courts, of a
suit so simple as to have no more than one party, on each side.
So

Identifier: | JB/052/519/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	31-33
Box	052	Main Headings	constitutional code; procedure code
Folio number	519	Info in main headings field	constitutional code procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c13
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17192
Box Contents