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13 Apr 1805
Evidence
Such are the effects mischiefs produced even without the help of Special
Pleading. The effects of that additional yoke additament are somewhat different.
The sure and constant and inseparable result is the addition
thus made (an addition altogether needless and useless) to the
mass of profitable delay, vexation and expence with its attendant profit
such as its effect with relation to he collateral ends of justice.
An accidental but too frequent effect is the misdecision, the pretences
grounds causes of which accompany the process in every part of its
course. To whatever points are ever presented for decision
in the course of the process those denominated Special Pleading, one description
belongs in common: they are all of them points foreign to the
merits. On a point of this class the decision when it comes to be pronounced will
be either in favour of the merits i.e. to the claim of that one
of the parties that who has the merits on his side, or adverse,
if favourable, the mischief produced by the process is confined
to that of the which is composed of the factitious and unnecessary delay
vexation and expence: in the opposite case if adverse, to the mischief produced
by the contravention of those collateral ends of justice is superadded
that which is produced by misdecision that which consists in the contravention of the direct
end of justice.
Identifier: | JB/058/353/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-04-13 |
7-8 |
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058 |
evidence |
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353 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c4 |
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jeremy bentham |
1800 |
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1800 |
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19022 |
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