JB/078/200/001

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1826 Decr 7.
J. B. v. Sugden.
1

But this same rule of action, if the
necessity of its continuation without abrogation were
conceded to Mr Sugden, what would he be the better
for the concessions? But what is it? Where is it?
Whither — to what mass of discourse would he send
us for it? In what Book or Books should we find
it? Wheresoever and whatsoever it is, since it is
necessary that it should answer every purpose,
what is correspondently pretty well obsoleted — not
Bacon's abridgment, for that does not contain
near so much as viner. Remains, Comyn's Digest,
with Mr Hammond's addition to it. Commyns's
abridgment is indeed in its way a masterpiece.
But then what sort of a rule of action is it that
it exhibits? One Judge's opinion going one way; another
the opposite way: then comes a semble for
the french emisemble: I rather think that it is
so —: not unfrequently dub. for doubtful — a pretty
rule of action this. As to reasons, they are altogether
out of the question: one decision is as good as
another: one opinion, as to what the decision was
grounded upon, is as good as another. Here is
Common Law in all its nakedness; in its genuine
character; altogether unfit for human guidance:
Now as to Statute Law, which, in Mr Sugden's opinion
is absolutely and comparatively so unfit
for that same purpose. Where is the conflict between
Coordinate authorities? Where is the semble,
where is the dub? Where is the two Judges
against two or one there? Will Mr Sugden get
any body to believe him if he again ventures any
such assertions, that it is for certainty & uniformity that

Identifier: | JB/078/200/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-12-07	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	200	Info in main headings field	JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25291
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