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9 May 1807
Letter VII &
Judge & Co general
for encouragement of male
fide litigation
1. Uncertainty
2. Delay per se
3. Delay as a cause of uncertainty.
Wrong or the belief or
of it the condition precedent<lb?>to
[+]3 Means of promoting suits
commencement of suits
C On the pltff side
2. On the part of the bona
fide pltff general
of satisfaction
[+] 3 2. On the part of the mala
fide plff
1. Experience and
thrown on defendts side:
being of itself so much
2
suffering
2. do as a means of
deterring2 or 1
him from effective defence —
thence as a
means of undue profit to
plff by putting him in
possession of the property
or other object unjustly not his due
claimed.
3. Uncertainty of the law
on which defendt defence
depends — as above. See
4. delay — viz. length of
the time that must elapse
before defendt suffering is
at an end.
II — on Def.t side
<del. I. Object Plf without any right to any thing
1. Defendant <add>different less, succession —
but no motive
useless subject matter is
more than less
2. Defendant destitute — but finding
support from sympathy or
self requiring interest —
compromise the natural result:
thence in case of support<lb?>from sympathy, the
, the oppressed
go shares the rest with Judge &
Co the defence of Usury.
3. Support from selfish
property shared in 2 or 3
accordings in those as
no compromise or
II. Object Simple Oppression
compleatly destitute of the means
of resisting
>foreign>Per contra</foreign> on that case success
is allied with motive
viz plffs costs unre in lots: In this case Plff as right or slender if the right to any thing
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Memorialists admissions
in favour of J.B.
2
1. single seated Judicature
good. Lords ready to
act as Ordinaries
2. Appeal right not to stop<lb/.Execution
3. Interest ought to be allowed
4
II Promoting Wrongs
accompanied
with <lb/.Wrong is Injury or the
belief or expectation of it is a
condition precedent to all
suits. —
II. Suits mala fide or defendts
suits side
To promote multiply wrongs is
therefore the general designation
of the and
on the
part of Judge and Co
Wrongs serviceable to
Judge and Co are distinguishable —
1. Wrongs through ignorance on
both sides in bona fide
2. Wrongs precedent to litigation,
and in regard to
which litigation is recurred
to as an increase
of redress.
In respect of these the
party injured is bona
fide plff: the wrongdoer
frequently mala fide defendant. [+]2
III — Guilt mala fide on plff
III. Wrongs of which litigation
is itself the instrument,
and the commencement
of which is co-temporary
with the commencement
of the litigation.
In respect of these the
wrongdoer is plaintiff —
mala fide plaintiff: the
Defendant, the injured
means of engaging a man
knowing himself in common of in the wrong,
to enter now and continue in
the nature of plaintiff — mala
fide plff
[+]3
2. If plff has but a right
to any the smallest
he may impose upon defts
in of
may to himself.
some transaction
behove
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Identifier: | JB/122/056/002"JB/" can not be assigned to a declared number type with value 122. |
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1807-07-14 |
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122 |
Panopticon |
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056 |
JB to Audit Office |
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002 |
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Correspondence |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D3 |
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IPING 1804 |
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Bernardino Rivadavia |
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1804 |
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See note 6 to letter 1929, vol. 7 |
002 |
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