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8 May 1805
Evidence
Taken altogether all together, if so much as rests uncompensated
upon the shoulders of the witness is preponderant over the good,
the attainment of which in the case in question constitutes the
direct end of the enquiry, it is of the small number among the cases which
we shall see warranting the exclusion, i.e. the refusal to apply
compulsion for obtaining procuring the exhibition of the evidence.† † See 13. Exclusion.
2. To the condition station of party, if personal attendance on his part be
at the place of inquiry be exacted, belongs the first of the three
branches of vexation which we have seen attaching themselves to the
station of witness; and if distance be considerable enough, the
second: also the third if the same person who acts in the character
of party, is either by the exigency of his cause, or by extraneous
coercion (legal compulsion) obliged to take upon him the
character of witness.
To these, in the case station of party may be added other items peculiar
to that station.
2. Anxiety; by reflection on the evils liable to result from a
as well as ulti incidental as ultimate liable to
flow out of the suit; and in the labour and expence which it
may be necessary to bestow in the course of the exertion to be made endeavour to
render the termination favourable. This branch of vexation attaches
itself upon both parties, and upon all sorts of causes. A law
suit is a perpetual blister upon the mind.
e.g. 1. The Labour and time expended in the conduct and study
of the suit cause: in planning and executing the several operations
to be performed, and written instruments if any, to be penned, in
the course of it.
Identifier: | JB/058/077/001 "JB/" can not be assigned to a declared number type with value 58.
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