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<p>1826. Sept.<hi rend="superscript">m</hi> 21.</p> | |||
<p>Procedure Code.</p> | |||
<p>With his constant function of subordinate<lb/> | |||
<unclear>on</unclear> servant, giving execution and effect to<lb/> | |||
the several mandates of the Judge, this Attorney<lb/> | |||
whom <del><gap/></del> may at the same time be the attorney<lb/> | |||
and as such Law agent of an individual on<lb/> | |||
a number of individuals occasionally and not<lb/> | |||
unfrequently unites the functions of a Judge: doing<lb/> | |||
and in exactly the same manner, exactly the same<lb/> | |||
things as but for the accident in question, would<lb/> | |||
have been done by that same Judge. Such for instance<lb/> | |||
is the case in all cases where damages are<lb/> | |||
sued for — and in <add>almost</add> all cases damages alone are what<lb/> | |||
can be sued for — where the Party <unclear>stiled</unclear> Defendant<lb/> | |||
making no defence, and consequently not being in<lb/> | |||
fact Defendant, suffers judgment to go by default.<lb/> | |||
Had he made a defence, a Jury, being the body by<lb/> | |||
when, under the direction of the Judge damages are assessed, the damages would have been assessed<lb/> | |||
by the Judge; but no defence being made, that<lb/> | |||
power is taken from the Judge, and made even to<lb/> | |||
the Attorney: so that, in every case, where the fact<lb/> | |||
of the <gap/> is regarded by him as certain of being<lb/> | |||
proved, the Defendant <del>h</del> as between the Judge<lb/> | |||
and the Attorney, has the choice of his own Judge.</p> | |||
<p>Between them, the Judge and the attorney<lb/> | |||
have contrived to shift off from their own upon<lb/> | |||
the shoulders of a party the Defendant, the responsibility<lb/> | |||
for what is done by them: if for example<lb/> | |||
possession of a subject-matter of immoveable<lb/> | |||
property is in virtue of a judgment by the Judge<lb/> | |||
to be delivered to the plaintiff no such subject-matter<lb/> | |||
will the attorney deliver to the party, unless the party <add>will</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1826. Sept.m 21.
Procedure Code.
With his constant function of subordinate
on servant, giving execution and effect to
the several mandates of the Judge, this Attorney
whom may at the same time be the attorney
and as such Law agent of an individual on
a number of individuals occasionally and not
unfrequently unites the functions of a Judge: doing
and in exactly the same manner, exactly the same
things as but for the accident in question, would
have been done by that same Judge. Such for instance
is the case in all cases where damages are
sued for — and in almost all cases damages alone are what
can be sued for — where the Party stiled Defendant
making no defence, and consequently not being in
fact Defendant, suffers judgment to go by default.
Had he made a defence, a Jury, being the body by
when, under the direction of the Judge damages are assessed, the damages would have been assessed
by the Judge; but no defence being made, that
power is taken from the Judge, and made even to
the Attorney: so that, in every case, where the fact
of the is regarded by him as certain of being
proved, the Defendant h as between the Judge
and the Attorney, has the choice of his own Judge.
Between them, the Judge and the attorney
have contrived to shift off from their own upon
the shoulders of a party the Defendant, the responsibility
for what is done by them: if for example
possession of a subject-matter of immoveable
property is in virtue of a judgment by the Judge
to be delivered to the plaintiff no such subject-matter
will the attorney deliver to the party, unless the party will
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Identifier: | JB/057/291/001"JB/" can not be assigned to a declared number type with value 57. |
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057 |
procedure code |
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291 |
procedure code |
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001 |
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recto |
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j whatman turkey mill 1826 |
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admiral pavel chichagov |
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1826 |
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18621 |
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