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1826. Augt 22d.
Procedure Code
P1Ch. | Matter common to
all Suits
§. Execution, probation,
consummation.</note>
1.
Execution last in act
but first in design.
2.
Of every demand; execution
the object.
3.
But Judge will not
give effect to the means
of execution, unless
satisfied of the existence
of a certain set
of facts, being the case
within the genus of cases
in which execution
is provided for by substantive
law.
<p.4.
these facts evidentiary
facts.
5.
Instruments of probation
termed evidence.
6.
Nar of him to evidence
is proof.
7.
Evidence and proof
distinction.
8.
Probation, disprobation,
<sic>counterprobation.
9.
Probation conclusive.
10.
If probation adequate
on preponderate over
disprobation, or counterprobation, the
right to execution
established.
11.
Exceptions
1. Cases for sistition
2. Cases for exemption.
---page break---
12.
Communication necessary
to execution
13.
So to probation
14.
Mode of communication
will depend on
purpose.
15.
Necessity of probation
created by law — of communication
by the
nature of things.
16.
Execution definitive
provisional.
17.
Definitive execution
determined by the
nature of the service
demanded — provisional
by the nature
of the facts.
18.
Provisional execution
purposes of.
Identifier: | JB/052/116/001"JB/" can not be assigned to a declared number type with value 52. |
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