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1826. Octr. 19.
Review of Humphreys 2
§ Agends
6
6.3. Delay-minimizing
1. as to the transfer;
2. as to eventual litigation
3. Delay-minimizing principle. The delay may have reference
process to which the d delay bearshas reference may be either the process
of effecting the transfer, or in case of litigation, the process of litigation
7
7.4. Expence minimizing
These are two of the collateral
ends of judicature; vexation
the third.
Direct, avoidance of
mischievous and non-
decision - producing as
long as it lasts the evils
of misdecisions particularly
to pursuers side when
in the right, as he generally
is. As Does it not, Lord
Eldon?
For reasons (which
are but principles in detail
narrower principles) H
employs motive from
motifs.
Exhaustively - bifurcate
analysis would shew
the number of principles
requisite not great.
4. Expence-minimizing principle.
The endsto which these two principles bear reference have in view are no
other it will be seen than what bear reference to two out of the
three ends so often of late designated by the denomination of the said collateral
ends of Justice or say Judicature: non misdecision and non-
decision being the two direct ends. Non -decision has, while it lasts
the effect of misdecision to the detrimentdamage<add>prejudice</add> of both the litigants incidentally on both
sides, but constantly to the prejudice of the pursuers side are so
far as he is in the right. In a Has it not, Lord Eldon?
On several occasions, In several places Mr H. introduces
and gives employment to<add>finds</add> makes use of the word inives an occasion in which it is
believe more common to employ the word reasons: if it be so
perhaps it is by the habit of resorting for illustration and information to the French Code that
the use thus made by him of the word motive may be have been produced
Where we should say reason, the French frequently say motifs
By an attentive application of the bifurcate exhaustive analysis
the state of these principles applicable to this part of the field
of legislation might, it is believed, be exhausted. The number
of principles belonging to it would not be great.
Identifier: | JB/078/088/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-10-19 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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