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1825. Nov. 19
Procedure CodeCh. 1. Stages of Procedure
§. 3. First &c mutual attendances. Those, and eventually every ensuing ones.
§. First Mutual attendances –
The first mutual attendance will be the second on the
pursuer's side the first attendance on the defendants side. Attendance will
not be exacted of him till the applicant but for the chance of settling
matters at that meeting.
On this occasion likewise the parties on both sides will
be at liberty to adduce evidence of all sorts such as happens
to be respectively at their respective disposal: and if on both sides all the
evidence which the case happens to furnish is forthcoming so much
the better, for in that case the suit may receive its termination
at the first mutual attendance.
In any a case many an instance there will be no evidence
other than that which the parties furnish each for himself, his
own assertion, or evidence real or written or real or both,
adduced by him, in this case the suit will be ripe for decision
as above.
This will frequently be the case in cases of small importance,
such as petty small debts, trifling assaults, or trifling injuries
to reputation or rather mental injury by vituperative language without trivial discourse without extraneous
hearers.
Be the case more so complicated the suit ever so complex, and the mass of
evidence ever so far from being compleat, at the first meeting
may almost always be turned on both sides on what point the
decision will turn of what sort is the ulterior evidence
from what person and what places it will have to
come, and then what the length of time may be before according
to probable expectation it will be forthcoming: all these points
ascertained by assertions delivered under the most effectually
responsibility in respect of their verity.
Identifier: | JB/055/274/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-11-19 |
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Constitutional Code; Procedure Code |
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Procedure Code |
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