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<note>2<lb/> | <note>2<lb/> | ||
A suit terminated no application<lb/> | <p>A suit terminated no application<lb/> | ||
to be made by parties but<lb/> | to be made by parties but<lb/> | ||
to the appropriate appellate<lb/> | to the appropriate appellate<lb/> | ||
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Art. Exception excepted <add>in respect of</add> 1. a <del>person deemed</del><add>suit</add><lb/> | Art. Exception excepted <add>in respect of</add> 1. a <del>person deemed</del><add>suit</add><lb/> | ||
<del>which has been having been made is intestified</del><add>commoness</add> <lb/> | <del>which has been having been made is intestified</del><add>commoness</add> <lb/> | ||
which has been terminated or is pending in any judicative <lb/> | |||
<gap/> application be made by <del>the pension or</del> any <del>party</del><add>party</add><lb/> | |||
on either side to any other <gap/> the <add>appropriate</add> Appellant Judicatory</p> | |||
<p>Ratiocinative.</p> | |||
<note>3<lb/> | |||
Reason such fresh suit<lb/> | |||
would have the effect of on<lb/> | |||
Appeal</note><lb/> | |||
<p>Art. For, if this case, such fresh suit, would<lb/> | |||
of suffered <add>to be understood</add>have the effect of an Appeal.</p> | |||
<note>4<lb/> | |||
Exception discovery of fresh<lb/> | |||
evidence more easily elicitated<lb/> | |||
in another Judicatory</note><lb/> | |||
<p>Art. Exception may be where after the<lb/> | |||
termination of a suit in any Immediate Judicators, <add>whether</add> witness<lb/> | |||
Appeal or an Appeal, <add>the existence</add> evidence <gap/> which the applicant<lb/> | |||
had no knowledge or suspicion of, have been made known to<lb/> | |||
him, at the same time that, for the elicitation of the aggregate<lb/> | |||
mass of appropriate evidence, <del>that</del> including that<lb/> | |||
which had been checked in the <add>course of</add> former suit, <add>in</add> the Judicatory<lb/> | |||
thus applied to in the second instance applied to <lb/> | |||
the suit may be carried in and terminated in a manner<lb/> | |||
more conformable to the <del>aggregate of the</del> ends <add>threat and collateral together</add> of justice, enter in<lb/> | |||
the aggregate, than in the Judicatory in which in and by<lb/> | |||
the first suit it received its termination.</p> | |||
<note>5<lb/> | |||
The necessity to be ascertained<lb/> | |||
by the Judge by examination<lb/> | |||
of the applicant</note><lb/> | |||
<p>Art. <add>On an occasion of this <gap/></add> By the examination of the applicant, the<lb/> | |||
Judge will obtain satisfaction in relation to the facts in<add>from</add> which<lb/> | |||
<del>depends</del> it will appear on <del>which</del><add>the</add> side <del>the ba</del> of which Judicatory<lb/> | |||
the balance is in respect of preponderant <gap/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1826. Septr. Oct. 1
Procedure Code.
Ch. Application
S. Reiteration of such, none
Reiteration of such, none. No virtual Appeal from Immediate
to Immediate Judicatory.
1
Applicant to be examined
as to his moving made any
previous application on
the same demand
Art. Previously to the giving admittance to the
Applicant in the character of Pursuer, the Judge will examine abrogate
him as to the having mad application in
the same demand by application to any other Judicatory
2
A suit terminated no application
to be made by parties but
to the appropriate appellate
Judicatory
Enaction
Art. Exception excepted in respect of 1. a person deemedsuit
which has been having been made is intestifiedcommoness
which has been terminated or is pending in any judicative
application be made by the pension or any partyparty
on either side to any other the appropriate Appellant Judicatory
Ratiocinative.
3
Reason such fresh suit
would have the effect of on
Appeal
Art. For, if this case, such fresh suit, would
of suffered to be understoodhave the effect of an Appeal.
4
Exception discovery of fresh
evidence more easily elicitated
in another Judicatory
Art. Exception may be where after the
termination of a suit in any Immediate Judicators, whether witness
Appeal or an Appeal, the existence evidence which the applicant
had no knowledge or suspicion of, have been made known to
him, at the same time that, for the elicitation of the aggregate
mass of appropriate evidence, that including that
which had been checked in the course of former suit, in the Judicatory
thus applied to in the second instance applied to
the suit may be carried in and terminated in a manner
more conformable to the aggregate of the ends threat and collateral together of justice, enter in
the aggregate, than in the Judicatory in which in and by
the first suit it received its termination.
5
The necessity to be ascertained
by the Judge by examination
of the applicant
Art. On an occasion of this By the examination of the applicant, the
Judge will obtain satisfaction in relation to the facts infrom which
depends it will appear on whichthe side the ba of which Judicatory
the balance is in respect of preponderant
Identifier: | JB/052/387/001"JB/" can not be assigned to a declared number type with value 52. |
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