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'' | <head><!-- in pencil -->13</head> | ||
<head><!-- in pencil -->Obs.</head> | |||
<p><note><!-- in pencil -->Jurisdiction Many parties</note> Thus much as to causes which have but one<lb/> | |||
party of a side. <add>In</add> Causes which, <add>on one or both sides</add> have more <del>than</del><lb/> | |||
parties than one, <del>on one or on both sides</del> <add>and those residing in different territories</add> the jurisdiction<lb/> | |||
may easily be adjusted upon the same ruling<lb/> | |||
principle of mistrial and predominant convenience.<lb/> | |||
<del>I <sic>omitt</sic> the</del> <del>d</del>Details would be necessary on this head<lb/> | |||
to <sic>compleat</sic> the text of the law; but I <sic>omitt</sic> them here,<lb/> | |||
for fear of taking up too much paper. The most frequent<lb/> | |||
<del>cause</del> <add>source</add> of this sort of complexity in suits<lb/> | |||
is a community of interest in the same subject-matter:<lb/> | |||
as in the case of joint-creditors to the<lb/> | |||
estate of an insolvent, or joint successors or Co-legatees<lb/> | |||
having claims to <del>the</del> <add>an</add> estate vacated by death. Here<lb/> | |||
the preference that may be given to the <add><hi rend='underline'><foreign>forum res</foreign></hi>, the</add> Court of the<lb/> | |||
subject matter presents a natural though not absolutely<lb/> | |||
a necessary solution of the difficulty. <del>In</del> Causes<lb/> | |||
<del>where there are several Plaintiffs to one Defendant</del><lb/> | |||
<del>the Court of the</del> which are complex in any<lb/> | |||
other way may be considered as composed of as<lb/> | |||
many simple causes as there are pairs of parties.<lb/> | |||
Where <del>there are</del> to several Plaintiffs there is but<lb/> | |||
one Defendant a natural though still not a necessary<lb/> | |||
mode of solving the difficulty is afforded by<lb/> | |||
the <del><gap/></del> preference provisionally due to the Defendant<lb/> | |||
claim of not being drawn out of his own Court. For <add>the</add></p> | |||
<pb/> | |||
13
Obs.
Jurisdiction Many parties Thus much as to causes which have but one
party of a side. In Causes which, on one or both sides have more than
parties than one, on one or on both sides and those residing in different territories the jurisdiction
may easily be adjusted upon the same ruling
principle of mistrial and predominant convenience.
I omitt the dDetails would be necessary on this head
to compleat the text of the law; but I omitt them here,
for fear of taking up too much paper. The most frequent
cause source of this sort of complexity in suits
is a community of interest in the same subject-matter:
as in the case of joint-creditors to the
estate of an insolvent, or joint successors or Co-legatees
having claims to the an estate vacated by death. Here
the preference that may be given to the forum res, the Court of the
subject matter presents a natural though not absolutely
a necessary solution of the difficulty. In Causes
where there are several Plaintiffs to one Defendant
the Court of the which are complex in any
other way may be considered as composed of as
many simple causes as there are pairs of parties.
Where there are to several Plaintiffs there is but
one Defendant a natural though still not a necessary
mode of solving the difficulty is afforded by
the preference provisionally due to the Defendant
claim of not being drawn out of his own Court. For the
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Identifier: | JB/051/257/003"JB/" can not be assigned to a declared number type with value 51. |
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not numbered |
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051 |
evidence; procedure code |
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257 |
obs. |
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003 |
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text sheet |
4 |
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recto |
f11 / f12 / f13 / f14 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16422 |
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