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<p>1826. Sept<hi rend="superscript">r</hi>. 15.</p> | |||
<head>Procedure Code.</head> | |||
<note>Ch. Probation<lb/> | |||
S.<lb/> | |||
9<lb/> | |||
Counter evidence probative<lb/> | |||
of a counter<lb/> | |||
fact</note><lb/> | |||
<p>But what may also be is that<lb/> | |||
all that you have said is exactly true;<lb/> | |||
and yet the fact thus averred, and we will<lb/> | |||
suppose and say proved by you, will not be<lb/> | |||
sufficient to warrant the Judge in rendering<lb/> | |||
to you the service so demanded, as above.<lb/> | |||
It may be that, though the Defendant gave<lb/> | |||
you the blow, it was not till after you yourself<lb/> | |||
had given him a blow, and that a more<lb/> | |||
violent one: and that the blow so given to you<lb/> | |||
had no other object than to prevent you from<lb/> | |||
giving him other blows which he saw you<lb/> | |||
prepared to give. Making an assertion to this<lb/> | |||
effect, he will be delivering another species of<lb/> | |||
counter-evidence. evidence probative of a fact<lb/> | |||
not consisting of the negative of the fact asserted<lb/> | |||
by you, but of a totally distinct fact - of the positive<lb/> | |||
kind - the effect of which, in respect of the<lb/> | |||
destroying the ground of your demand, would be<lb/> | |||
the same as that of the just mentioned negative<lb/> | |||
one.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. 15.
Procedure Code.
Ch. Probation
S.
9
Counter evidence probative
of a counter
fact
But what may also be is that
all that you have said is exactly true;
and yet the fact thus averred, and we will
suppose and say proved by you, will not be
sufficient to warrant the Judge in rendering
to you the service so demanded, as above.
It may be that, though the Defendant gave
you the blow, it was not till after you yourself
had given him a blow, and that a more
violent one: and that the blow so given to you
had no other object than to prevent you from
giving him other blows which he saw you
prepared to give. Making an assertion to this
effect, he will be delivering another species of
counter-evidence. evidence probative of a fact
not consisting of the negative of the fact asserted
by you, but of a totally distinct fact - of the positive
kind - the effect of which, in respect of the
destroying the ground of your demand, would be
the same as that of the just mentioned negative
one.
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Identifier: | JB/052/366/001"JB/" can not be assigned to a declared number type with value 52. |
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1826-09-15 |
9 |
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052 |
procedure code |
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366 |
procedure code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c4 |
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john flowerdew colls |
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17039 |
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