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Decr 1806
Scotch Reform To Ld Grenville
Resolution 13. That no Appeal to this House be competent
against Interlocutory Judgements.
That, taking them in the lump, Appeals from Scotch Interlocutory
Judgements of this description are a copious source
of abuse – a very highly efficient, and, if I understand aright, I believe, highly much
wasted instrument in the hands of a malâ fide suitor,
especially a malâ fide defendant, I can easily conceive,
I am ready to believe without difficulty. But the exclusion
is without exception: has no exceptions: and if to an this unlimited extent amplitude
it were to be carried into effect without inconvenience, it
would be for some reason upon the strength by which it might be proved perhaps
extended perhaps with no less not much propriety to all judgements,
to all which is as much as to say, to all Appeals.
Great is the extent covered by the cases in which the
fate of the cause judgment hinge on which the cause turns
is not the final judgement, but an some interlocutory one.
The appeal (it may be said) may in that case wait: and
thus in its effects embrace interlocutory and final judgment
together .. Good in some cases: not so in others. By an interlocutor
judge for example, such or such an article of evidence
(say testimonial evidence) is excluded: upon the evidence thus excluded rests turns the fate of the
cause. The side on which the evidence would have been produced
for want being the Plaintiff's, for want of it judgment final judgement
is given for the Defendant: then comes the Appeal, in
which with the final judgment the interlocutor which gave
rise to it is complained of at the same time. What in this
case can the do?
Identifier: | JB/091/118/001 "JB/" can not be assigned to a declared number type with value 91.
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1806-12-25 |
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091 |
scotch reform |
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118 |
scotch reform to ld grenville |
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001 |
resolution 13 that no appeal to this house be completent against interlocutors judgements |
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jeremy bentham |
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