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Ch. VIII
§. 3. Demand paper
Note Anglici the lying allegation
of & make extrajudicial demand
1
Demand for division
simply requisition
Art A demand for a division and distribution
which can not be made without the concurrence cooperation
of the Judge is simply requisition, and unless by
accident not inculpative.
2
Subject matter benefit
orburthen
Art. The subject matter of division and distribution may be
with reference to the takers either a benefit or a burthen. Of desirable benefits the
most ordinarily ordinary and determinately valuable is
a mass of property moveable or immoveable or both
is compounded comprised of the two. both
2
Demand for
a benefit incuplative
or nonincuplative
Art A demand for having for its
subject matter a benefit which might have been confined
or say a service which might have been rendered without
the concurrence cooperation of the Judge may be inculpative or not
It will most f naturally and frequently and materially
be inculpative.
4.
Inculpative demand
Example
Art. Of cases in which it may be not
malpractice — unaccompanied with inculpation, examples
are as follows
1 The Pursuer and Defendant The demandant and
the person at whose charge the demand is made, not certain,
or not agreeing to the interpretation proper to be put
upon a supposed collative law and applying no concurrence,
as Co-consultants in the exercise of the Judges preinterpretative
function in relation to it: and so in the case of divers Demanders
or divers persons charged — is shown on both sides
Identifier: | JB/057/234/001 "JB/" can not be assigned to a declared number type with value 57.
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procedure code notes to demand a? |
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