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1828 July 21 E2
Jud.
Mendacity licence
50
Ground of demand may
be false without blame to Plaintiff
True it is that through an allegation of the
existence of a ground of demand in point of fact may
be false without blame, because by misrepresentation made
in conversation with himself by an individual whom he had depended upon in the character
of a witness he may have been deceived, or he may
have deceived himself by insufficiently grounded inferences.
51
Plaintiff shd be required to
state his belief in veracity
of testimony to be produced
subject to punishment for
falsehood.
But what in the case of every demand what any may might
of all objection be required at the hands of the plaintiff
is to declare his own and the persuasion as to the
goodness sufficiency of the ground of the demand including his belief in
the truth veracity and verity of the testimony he expects to adduce, and in the
justness of such information as he be elicits from it: to
declare, and then, subject to punishment, in case of insincerity,
that is to say in case of a false account if given the state of his mind,
as he a man might be in the case of a false account of this or that
external matter of fact a external to himself and presented to his
mind through the medium of his senses. In other cases
52.
In other cases question
of punishment as to state
of mind, question of punishment
without difficulty from external
circumstances
the on the question what was the state of the mans
mind, the question punishment or no punishment
is, from the external circumstances of the case
without difficulty: as for instance in the case
of death produced by the in the production of which an
act ascertained to have been done by a man,
was it or was it not his intention that such should
be the effect: knowledge or belief is one sort of external fact,
intention, another: and the one as well as the other
may be a to all practical purposes be sufficiently
ascertained by external indications.
Identifier: | JB/056/262/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-21 |
50-52 |
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056 |
Procedure Code |
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262 |
Jud |
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001 |
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Text sheet |
1 |
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recto |
C11* or C12* / C2 / F18 |
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18318 |
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