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<p>Excluded on the ground of amity must have<lb/> | |||
been many a <del>suit</del> man who, if either <add>affection</add> could have<lb/> | |||
constituted a reasonable ground of exclusion ought to<lb/> | |||
have been excluded on the ground of <gap/>. Presumption<lb/> | |||
of English law would have sufficed for reading<lb/> | |||
<gap/> he find of <gap/>, the testimony of <gap/> <del>too<lb/> | |||
<gap/></del> inadmissible, partial in favour of <gap/>, | |||
</p> | |||
<p>1824. Jan<hi rend="superscript">y.</hi> 31<lb/> | |||
<head><del>Constitutional</del> Procedure Code</head><note>Ch. Evidence<lb/> | |||
§. Exclusions</note></p> | |||
<p>Thus much for simple absurdity. Now for absurdity<lb/> | |||
<del><gap/></del> topt by inconsistency. In a suit<lb/> | |||
about an estate, let it be <del>the smallest in existence</del> <add><del>£</del> 1<hi rend="superscript">s</hi> a year</add>, the<lb/> | |||
testimony of an heir apparent is <del>imadmissible</del> <add>excluded, if</add> let it<lb/> | |||
be <del>the largest in existence</del> £100,000 a year, <add>and such estates there are</add> admitted.<lb/> | |||
<del>Why</del> Admitted? why? because in this latter case the<lb/> | |||
father (for this <unclear>forms</unclear> <unclear>part</unclear> of the case) has it in his power to<lb/> | |||
deprive of him of it. <del>That fatherly affection has any<lb/> | |||
power</del> Of any such assertion as fatherly affection the<lb/> | |||
existence is among the things which the learned author<lb/> | |||
of this distinction, wherever he was, had yet to learn.</p> | |||
<p>On apparent only not on real interestedness <add>favorable bias</add> can<lb/> | |||
the application of <del><gap/></del> exclusion on this score ever be<lb/> | |||
grounded: on one appearance, <add>of</add> the equivocalness of<lb/> | |||
which the multitude of family suits of which they have<lb/> | |||
given themselves the benefit might have rendered sufficiently<lb/> | |||
intelligible <add>visible</add> to learned Judges, had it been<lb/> | |||
their pleasure to understand it <add>see it</add>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
Excluded on the ground of amity must have
been many a suit man who, if either affection could have
constituted a reasonable ground of exclusion ought to
have been excluded on the ground of . Presumption
of English law would have sufficed for reading
he find of , the testimony of too
inadmissible, partial in favour of ,
1824. Jany. 31
Constitutional Procedure CodeCh. Evidence
§. Exclusions
Thus much for simple absurdity. Now for absurdity
topt by inconsistency. In a suit
about an estate, let it be the smallest in existence £ 1s a year, the
testimony of an heir apparent is imadmissible excluded, if let it
be the largest in existence £100,000 a year, and such estates there are admitted.
Why Admitted? why? because in this latter case the
father (for this forms part of the case) has it in his power to
deprive of him of it. That fatherly affection has any
power Of any such assertion as fatherly affection the
existence is among the things which the learned author
of this distinction, wherever he was, had yet to learn.
On apparent only not on real interestedness favorable bias can
the application of exclusion on this score ever be
grounded: on one appearance, of the equivocalness of
which the multitude of family suits of which they have
given themselves the benefit might have rendered sufficiently
intelligible visible to learned Judges, had it been
their pleasure to understand it see it.
Identifier: | JB/055/158/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-01-31 |
5-6 |
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055 |
Constitutional Code; Procedure Code |
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158 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
D6 / E6 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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17879 |
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