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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 4<lb/>Law Amendment.</head> <p><note>Propositions.<lb/><sic>Ch.</sic> Procedure<lb/>§. next to <sic>Applicat<hi rend="superscript">n</hi> & suit<lb/>Evidence-elicitation<lb/>Existing system</note></p> <p><del><add>If the need of elicitation of were apt<lb/>in an equity case, so would it be in a<lb/>Compensative case: if in a <gap/> <gap/><lb/>so in an equity case</del></add></p> <p><note>6<lb/>Existing system<lb/>exclusion of litigant<lb/>witnesses</note></p> <p>Against evidence of litigant witnesses, the existing system<lb/>shuts a <sic>premptry</sic> door. <foreign>Nemo debet esse <unclear>testes</unclear> in propria"</foreign>cause says the oracle. <del>Thus <gap/><del> against what witness it is<lb/><gap/>? against him who is most likely to know most about<lb/>the matter, and whose narrative <del>if</del> in so far as fable is<lb/>least likely to be deceptive: for by a <add>non</add> litigant witness may be<lb/>possessed an interest in the suit an interest more valuable than<lb/>that of <del>th</del> either litigant and at the same time unknown and<lb/>undiscoverable: no eye so blind as not to be open to the law<lb/>under which is delivered whatsoever is delivered by a party in<lb/>the suit.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1827. Novr. 4
Law Amendment.
Propositions.
Ch. Procedure
§. next to <sic>Applicatn & suit
Evidence-elicitation
Existing system
<add>If the need of elicitation of were apt
in an equity case, so would it be in a
Compensative case: if in a
so in an equity case</add>
6
Existing system
exclusion of litigant
witnesses
Against evidence of litigant witnesses, the existing system
shuts a premptry door. Nemo debet esse testes in propria"cause says the oracle. Thus against what witness it is in so far as fable is
? against him who is most likely to know most about
the matter, and whose narrative if
least likely to be deceptive: for by a non litigant witness may be
possessed an interest in the suit an interest more valuable than
that of th either litigant and at the same time unknown and
undiscoverable: no eye so blind as not to be open to the law
under which is delivered whatsoever is delivered by a party in
the suit.
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Identifier: | JB/056/214/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-04 |
6-7 |
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056 |
Law Amendment |
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214 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
C2 / C1 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18270 |
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