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<head>1825. March 27<lb/> Procedure Code</head> <p><note><sic>Ch.</sic> IX</note><lb/>(2 <note>§. Dismissal</note></p> <p><note>6<lb/>Dismissal with or<lb/> without <sic>inculpation</sic></note></p> <p><sic>Art. 6. Dismissal may be <add>unaccompanied or accompanied</add> <del>allowed</del> or with<lb/>blame or <del>in</del> | <head>1825. March 27<lb/> Procedure Code</head> <p><note><sic>Ch.</sic> IX</note><lb/>(2 <note>§. Dismissal</note></p> <p><note>6<lb/>Dismissal with or<lb/> without <sic>inculpation</sic></note></p> <p><sic>Art.</sic> 6. Dismissal may be <add>unaccompanied or accompanied</add> <del>allowed</del> or with<lb/>blame or <del>in</del> say <sic>inculpation</sic> cast upon the party dismissed</p> <p><note>7<lb/>Dismissal with<lb/><sic>inculpation</sic> examples</note></p> <p><sic>Art.</sic> 7. <add>Of</add> Grounds or accounts on which in<lb/>case of dismissal blame or any <sic>incuplation</sic> may be cast on<lb/>a <add>dismissed</add> pursuer, examples are the following —</p> <p><note>1 Waste of judicial time<lb/> with sinister design without<lb/> confederacy</note></p> <p>1. Without confederacy, waste of the time of the judicatory<lb/><del>though</del> with sinister design for instance <add>the</add> keeping some<lb/>other suit or suits from <add>being</add> commenced, proceeded upon or<lb/><unclear>prusinated</unclear></p> <p><note>2 <sic>d<hi rend="superscript">o</hi></sic> with sinister<lb/> design with confederacy</note></p> <p>2. <del>W</del> The like waste with the like design on the part of an<lb/>applicant, acting as such in confederacy with other persons<lb/> intending or not intending to become applicants</p> <p><note> 3 d<hi rend="superscript">o</hi> through carelessness</note></p> <p>3. The like waste, through carelessness.</p> <p><note>4 Expense & vexation to<lb/>other persons</note></p> <p>4. Expense and vexation occasioned by other persons: to wit<lb/>in any such capacity as that of <sic>Copursuer</sic> <add>defendant</add>, witness <add> defendant</add> or judicial<lb/> functionary.<del><gap/></del></p> <p><note>8<lb/>In these cases affirmed<lb/> that no <sic>collative</sic> event<lb/>of the service demanded<lb/> had had place or that<lb/>such event has been made<lb/> to have place</note></p> <p><sic>Art.</sic> 8 In all these cases it is affirmed, either<lb/>that on the occasion of the pursuit no such <sic>collative</sic> fact<lb/> with relation to the demanded services has had place, or<lb/>that no pursuance of the sinister design or <sic>collative</sic> fact<lb/>has been made to have place</p> <p><note>9<lb/> Examples</note></p> <p>Art. 9. Of the cases in which in pursuance of a <lb/>design to make work of judicial time relative <sic>collative</sic> facts<lb/>may have been made to have place examples are the following.</p> <p>1. Service demanded, compensation for a trifling corporal<lb/>vexation inflicted by one of two confederates on another: pursuer<lb/> one of them; defendant, the other</p> <p>2 Service demanded payment of money in satisfaction for a<lb/> debt: to or for the one <del>gad</del> goods sold or work done by the<lb/>others; payment <sic>witholden</sic> by agreement for the purpose of <del>givin</del> <add>creating</add><lb/>a ground for the suit.</p> | ||
1825. March 27
Procedure Code
Ch. IX
(2 §. Dismissal
6
Dismissal with or
without inculpation
Art. 6. Dismissal may be unaccompanied or accompanied allowed or with
blame or in say inculpation cast upon the party dismissed
7
Dismissal with
inculpation examples
Art. 7. Of Grounds or accounts on which in
case of dismissal blame or any incuplation may be cast on
a dismissed pursuer, examples are the following —
1 Waste of judicial time
with sinister design without
confederacy
1. Without confederacy, waste of the time of the judicatory
though with sinister design for instance the keeping some
other suit or suits from being commenced, proceeded upon or
prusinated
2 do with sinister
design with confederacy
2. W The like waste with the like design on the part of an
applicant, acting as such in confederacy with other persons
intending or not intending to become applicants
3 do through carelessness
3. The like waste, through carelessness.
4 Expense & vexation to
other persons
4. Expense and vexation occasioned by other persons: to wit
in any such capacity as that of Copursuer defendant, witness defendant or judicial
functionary.
8
In these cases affirmed
that no collative event
of the service demanded
had had place or that
such event has been made
to have place
Art. 8 In all these cases it is affirmed, either
that on the occasion of the pursuit no such collative fact
with relation to the demanded services has had place, or
that no pursuance of the sinister design or collative fact
has been made to have place
9
Examples
Art. 9. Of the cases in which in pursuance of a
design to make work of judicial time relative collative facts
may have been made to have place examples are the following.
1. Service demanded, compensation for a trifling corporal
vexation inflicted by one of two confederates on another: pursuer
one of them; defendant, the other
2 Service demanded payment of money in satisfaction for a
debt: to or for the one gad goods sold or work done by the
others; payment witholden by agreement for the purpose of givin creating
a ground for the suit.
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