JB/054/098/001

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1824. Feby.
Constitutional Procedure CodeCh. Evidence
§. Exclusions Improper Causes Mischiefs

Now as o the Defects on the Defendant's side.

Under a system under which the plaintiffs
testimony is not admitted at his instance, the Defendant's
testimony is not likely to receive any better
treatment. But in this case, by the exclusion put
upon the testimony on the Pursuer's side, the Defendant
being saved harmless, no mischief is produced by
the exclusion on this side.

The case and only case in which, by the exclusion
put upon the Defendant's testimony, if proffered
by himself on his own behalf, is prejudicial to him,
is that in which, for the substantiating of that his
claim, the pursuer has adduced extraneous and
unexcluded evidence.

In this case, the evil is not in the article of
extent an unbounded one, as in the other case:
still however, the exclusion is in this case no
less indefencible than in the other case.
Remains

Identifier: | JB/054/098/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-02	Marginal Summary Numbering	9-11
Box	054	Main Headings	procedure code
Folio number	098	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17617
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