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11 Feby 1808
At the mention of a system of pleading, the conception
of th an English Lawyer naturally presents to him of course the idea
of a system of which special pleading forms a part: – a
system under which, except in so far as it is cut short
by the General Issue, the matter of the cause suit is spun out
into a system protracted train of altercation with fixt portions of delay
between the instruments days which the instruments by which it
is concerned on are exhibited.
But of a proper system of pleading – of a system
correctly moulded on a correspondent body mass of substantive law
in the statutory form, and directed to the ends of justice, no
such sy train of altercation need or ought to have place.
Under the English system of pleading, it is for the
plaintiff and him alone to produce in the trial the grounds of his demand;
it is reserved for the Defendant to produce at that same
period, if he has any distinct from a denial of the existence
of the plaintiff's alledged ground of demand, to produce the
grounds of his defence.
Identifier: | JB/091/264/001"JB/" can not be assigned to a declared number type with value 91. |
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1808-02-11 |
1-3 |
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091 |
scotch reform |
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264 |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29260 |
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