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28 Feby 1807
Such being the shape in which injustice having judicature for the Removal – 1. same regard to judgment decision. 2. in consideration of decision.
source is liable to manifest itself I proceed to speak of the different
shapes in which the superintending authority of a superordinate judicature
consisted the character if a round to such injustice to its abovementioned cause, is capable of unnecessary
Application made to one Court in the character of a superior
Court, in respect of a cause commenced or proposed to
be commenced in another Court, may have any one of
objects
1. Reversal Causing a definitive judgement pronounced in the Court below
to be reversed: i.e. judgement for pl defendant, on stand of
changed to judgement for plaintiff, or judgement for plaintiff
changed into judgement for defendant.
2. Causing a definitive judgement to the modified: viz.
so by giving more, adding something if in favour of the
defendant plaintiff. 1. by taking away something from
what is given; 2. by adding something to what is given;
3. by chan substituting something not given to something
given; 4. by annexing conditions either 1. to what is
given, or 2. to the addition, defalcation, the addition is the
substitution above-mentioned.
3. Causing an interlocutory judgement to be reversed as above.
4. Causing an interlocutory judgement to be modified, as above.
N.B. All these four modes of application are comparable under
the word appeal taken in its largest sense.
5. Appeal may have for its grounds in the case where the
decision complained of was given expressed by the verdict of a Jury</p> and the object of the application is to have the case submitted</p> to another Jury, is called in English law Motion for Miss</p> Trial.</p>
Identifier: | JB/106/158/001 "JB/" can not be assigned to a declared number type with value 106.
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jeremy bentham |
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bernardino rivadavia |
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