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<head>1824 <sic>Nov</sic> 30 +<lb/> Procedure Code</head> <p><note><sic>Ch</sic> Obstruction<lb/> § Applicants <sic>cointerests</sic></note></p> <p> §. Obstruction Multitude of applicants <sic>cointerests</sic></p> <p><note>1<lb/> Applicants <sic>cointerests</sic><lb/> who</note></p> <p> <sic>Art.</sic> 1. By <del>the</del> <add> a</add> <sic><hi rend="underline">cointerest</hi></sic> of any person understand<lb/> in person having on the occasion in question an interest compound<lb/> with his; <gap/> <gap/> that the interest of the one can not<lb/> be affected but that the interest of the other will be or will be<lb/>liable to be affected; affected in the same manner as in some<lb/> other.</p> <p><note>2<lb/> <sic>Cointerests</sic><lb/> 1 Persons conjointly <lb/> entitled to property<lb/> 2 Persons having <lb/> received bodily injury<lb?> by the same maleficent<lb/> act</note></p> <p><sic>Art.</sic>2. <del>Of the</del> Cases in which persons more than one<lb/> <del>be</del> with <add>in </add> relation to another — examples <gap/>.</p> <p>1. Persons entitled <del>each</del> or supposing themselves entitled<lb/> each to a share in <del>the</del> a thing <sic>immoveable,</sic> a thing they morally<lb/> or an aggregate mass of things <sic>immoveable</sic></p> <p> 2. Persons having received injury on body or passing<lb/> <del><gap/> at the hands of a defendant from <add>one and</add> the same act.</p> <p.<note>3<lb/> In this case defendants<lb/> attendance not to be compelled<lb/> <sic>till</sic> concurrence or non<lb/> concurrence of <sic>cointerests</sic><lb/>ascertained</note></p> <p><sic>Art.</sic> 3. In this case exception excepted, the defendant<lb/> ought not to be compelled to attendance <sic>till</sic> the persons<lb/> <sic>cointerests</sic> have <del>attended with</del> made <gap/>, or <add>personally</add> attendance or<lb/> <gap/> their concurrence or non concurrence in the suit.</p> <p.<note>4<lb/> Reasons<lb/> 1 That defendant may<lb/> suffer <del>but at the same<lb/> time</del> but once the <lb/> vexation of attendance<lb/> & interrogation<lb/>2 That by dismissal<lb/> of application defendant<lb/> may be <sic>compleately</sic><lb/> exonerated from the<lb/>demand</note></p> <p><sic>art.</sic>4 <add>Reasons</add> It is the <gap/> of this fail <add>these fails</add><lb/> 1. The defendant would suffer the vexation of attendance, without<lb/> possessing the advantage of exacting <add>appropriate</add> admissions, and <add>or</add> by appropriate<lb/> counter interrogation <del><gap/></del> <gap/> to him, <lb/> from the <add>any</add> one absent as from the one present.<lb/> <del>2. A <add>by</add> chance in favour of the applicant as against <add>in defence of</del> the defendant</del><lb/> 2. By a chance dismissing the application the defendant would<lb/> not be exonerated of the demand: for the applicants co-interests<lb/>not having been heard would notwithstanding this dismissal<lb/> retain the right to institute a suit during<lb/>the same service on the same ground.</p> | |||
1824 Nov 30 +
Procedure Code
Ch Obstruction
§ Applicants cointerests
§. Obstruction Multitude of applicants cointerests
1
Applicants cointerests
who
Art. 1. By the a cointerest of any person understand
in person having on the occasion in question an interest compound
with his; that the interest of the one can not
be affected but that the interest of the other will be or will be
liable to be affected; affected in the same manner as in some
other.
2
Cointerests
1 Persons conjointly
entitled to property
2 Persons having
received bodily injury<lb?> by the same maleficent
act
Art.2. Of the Cases in which persons more than one
be with in relation to another — examples .
1. Persons entitled each or supposing themselves entitled
each to a share in the a thing immoveable, a thing they morally
or an aggregate mass of things immoveable
2. Persons having received injury on body or passing
at the hands of a defendant from one and the same act.
<p.3
In this case defendants
attendance not to be compelled
till concurrence or non
concurrence of cointerests
ascertained
Art. 3. In this case exception excepted, the defendant
ought not to be compelled to attendance till the persons
cointerests have attended with made , or personally attendance or
their concurrence or non concurrence in the suit.
<p.4
Reasons
1 That defendant may
suffer but at the same
time but once the
vexation of attendance
& interrogation
2 That by dismissal
of application defendant
may be compleately
exonerated from the
demand
art.4 Reasons It is the of this fail these fails
1. The defendant would suffer the vexation of attendance, without
possessing the advantage of exacting appropriate admissions, and or by appropriate
counter interrogation to him,
from the any one absent as from the one present.
2. A by chance in favour of the applicant as against <add>in defence of the defendant
2. By a chance dismissing the application the defendant would
not be exonerated of the demand: for the applicants co-interests
not having been heard would notwithstanding this dismissal
retain the right to institute a suit during
the same service on the same ground.
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Identifier: | JB/057/150/001"JB/" can not be assigned to a declared number type with value 57. |
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1824-11-30 |
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057 |
procedure code |
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150 |
procedure code |
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001 |
obstruction / multitude of applicants cointeressees |
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text sheet |
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recto |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18480 |
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