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have sufficed.</p> | have sufficed.</p> | ||
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1825. Feby. 10
Procedure Code
On this occasion as on those others, the need will have
place for committing the decision without any preemptive restraint
or determinate limit to the appropriate knowledge, judgment
active talent and attention of the Judge. But for his assertions
so long as they are not peremptory and inflexible the general
nature of the case affords certain general rules. Thes with
the reasons on which they respectively rest here follows.
Rule 1. Exceptions excepted, have all cointerestees on
the pursuers side before you here any with or appoint for hearing
any person on the Defendant's side.
Reason. Because if there be those any person cointerestee as yet
unheard on the Pursuer's side it may be that by the introduction
this cointerestee will have given to some statement made on the side part
of the original Pursuer or Co-pursuers, it may turn out that
this demand was not sufficiently grounded, in which case
the need of subjecting any person in the character of Defendant
to the vexation and expence attached to a suit will not have
place.
Reason 2. Because, although admitted that ground of the demand
made by the original Pursuer or Pursuers is not taken away
still by some statement made by the as yet Cointerestee
it may come to have been subjected to in some
every shape or other to vexation. On this supposition should the statement
in question be postponed till the time of obedience on the part
of the Defendant or Defendants, still more probable of till at to another
time subsequent to that time, on this such supposition, on the part of
those on the Defendant's side attendance more than one ought
come to be necessitated whereas in the other case the Defendant
having previously to his attendance been informed received information of the variance
and been accordingly prepared for it, one single attendance might
have sufficed.
Identifier: | JB/055/241/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-02-10 |
7-8 |
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055 |
Constitutional Code; Procedure Code |
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241 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C3 / E3 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17962 |
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