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<p><!-- pencil -->9 Jan<hi rend="superscript">y</hi> 1807</p> | |||
''This | <p>In English practice <add>procedure</add>, in case of a demand of or in respect<lb/> | ||
of a parcel of things <unclear>certain</unclear> – such as goods sold and<lb/> | |||
delivered, items said to be due on an account, a practice<lb/> | |||
has sprung up, comparatively of late years, a practice of<lb/> | |||
giving in <add>on the plaintiff's side</add> a paper of particulars, followed on the Defendant's<lb/> | |||
side by a corresponding paper of admissions and denials.<lb/> | |||
<add>In their</add> Such particularizations (Scotch <hi rend="underline">condescendences</hi> or condescensions<lb/> | |||
<del><gap/></del> admitt of great and <del>almost</del> <add>in a manner</add> indefinite extension:<lb/> | |||
to facts, for example, to divers facts the concurrence of which<lb/> | |||
may be necessary to substantiate the same demand, as well<lb/> | |||
as to divers demands.</p> | |||
<p><del>This <add>for aught I know</add> perhaps may be</del> Something of this sort may for<lb/> | |||
aught I know have been in view: and thus for English practice<lb/> | |||
(though not in the technical sense at least English pleadings<lb/> | |||
for those papers are not pleadings) may be imported without<lb/> | |||
nonsense.</p> | |||
<p>If the particulars <add>thus</add> given in by the Plff, <add>are to</add> so many as <del><gap/></del><lb/> | |||
meet with denial on the part of the Defendant meet with denial,<lb/> | |||
will form the matter of so many Issues: not coming under<lb/> | |||
the name of general issues, but putting an end to the <unclear>chain</unclear> of<lb/> | |||
altercation, as effectually as if they did <add>were</add>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
9 Jany 1807
In English practice procedure, in case of a demand of or in respect
of a parcel of things certain – such as goods sold and
delivered, items said to be due on an account, a practice
has sprung up, comparatively of late years, a practice of
giving in on the plaintiff's side a paper of particulars, followed on the Defendant's
side by a corresponding paper of admissions and denials.
In their Such particularizations (Scotch condescendences or condescensions
admitt of great and almost in a manner indefinite extension:
to facts, for example, to divers facts the concurrence of which
may be necessary to substantiate the same demand, as well
as to divers demands.
This for aught I know perhaps may be Something of this sort may for
aught I know have been in view: and thus for English practice
(though not in the technical sense at least English pleadings
for those papers are not pleadings) may be imported without
nonsense.
If the particulars thus given in by the Plff, are to so many as
meet with denial on the part of the Defendant meet with denial,
will form the matter of so many Issues: not coming under
the name of general issues, but putting an end to the chain of
altercation, as effectually as if they did were.
Identifier: | JB/091/192/001"JB/" can not be assigned to a declared number type with value 91. |
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1807-01-09 |
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091 |
scotch reform |
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192 |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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29188 |
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