JB/054/143/001

Click Here To Edit

1824. Decr. 11
Procedure CodeCh. Parties Ch. VII Suits – their sorts §. 8. VI. Suits adverse & amiable

§. 8. VI. Suits adverse and amiable

Art. Adverse and amiable. By this division
and distinction thus expressed may be brought under the observation
of the legislator and the Judge, some covered states of
things which otherwise might have been apt liable to escape it.
Adverse suits a suit will of course in general be: it is the thus designated is this ordinary state: adverse it may be
in every imaginable case: with one exception only in some extraordinary way can
a suit be . it may be in every case: for
supposing it at the beginning amiable, it may at any time
reverse such its character and become adverse.

The case in which it is most apt to be amiable
is that of when a right in is in demand without imputation
of wrong on either side: the case of right without wrong. This is the case where on the
part of the individual interested say the cointerestees the
right in question are but and to render
him require the of the Judge. Of this
description for example are those rights the subject matter of which
can not be made without the minutes of the Judge. Since
by persons one or more for the purpose of effecting the decision a suit of a certain sort
must whatsoever those are would one another
must of necessity be made, here the from its being instituted
no per decided reason is asserted for regarding it as other than adverse
but though no sooner does anyone endeavour to obtain more
than by another is regarded as his just and proper share, and not in persuasion of this conception act, than
as between those two at last it is then constituted adverse.

In the case where in a suit in and by which in the nature of
the case a wrong is imputed – imputed by the persons on his side
to be defendant on his side, in the case of between that two the suit is other than
adverse, the collusion is that inconsistence which the amity has for its cause the amity has collusion for its cause. If by if
suit by which if successful, of the satisfaction afforded to one person, another the effect is to deter exclude from
it another, and this such be also the charge and purpose of it, has
as between the two confederates, the suit adverse in appearance is in reality
amiable.

Identifier: | JB/054/143/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-12-11	Marginal Summary Numbering	1-3
Box	054	Main Headings	procedure code
Folio number	143	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17662
Box Contents