★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1824. Feby. 6
Constitutional Procedure CodeCh. Costs
§. 3 Costs
§. 1. Principles as to the diminution of sufferance
from this service.
By costs of suit, understand expences occasioned
by litigation: expence, on the pursuer's side; expence
on the Defendant's side: expence in a pecuniary
shape; expence in every other shape: in particular
time and labour consumed: for it is by expenditure
of time and labour that money & money's
worth are obtained.
Whatsoever were the damage produced to a party
on the pursuers side whatsoever were the damage produced by
the any injury to which he complains and on the ground of
which he demand places the demand he makes on the
Judge at the charge of the Defendant, the costs to the
suffering from this injury an addition is unavoidably
made by the sufferance unavoidably attendant
on the condition of him by whom the sort of claim in question
is pursued. Here then in the case of comparison
proportionable accordingly as the quantity of the benefit
included in whatsoever just claim he has on the
score of compensation: compensation for the conjunct
injury sufferance: compensation of for the excretitious sufferance
thus unavoidably growing out of the original sufferance.
On the other hand suppose the original demand
felt on the pursuer's side not well founded, here out of the
application thus made for a remedy comes arises a grievance
a sufferance endured by the defendant: and in the
score name of compensation for this sufferance the defendant at the
charge of the pursuer the Defendant has as undeniably just a
claim as on the opposite supposition the pursuer had at this (the Defendant's) charge.
Thus it
|
Identifier: | JB/055/294/001"JB/" can not be assigned to a declared number type with value 55. |
|||
|---|---|---|---|
|
1824-02-06 |
1-3 |
||
|
055 |
Constitutional Code; Procedure Code |
||
|
294 |
Procedure Code |
||
|
001 |
|||
|
Text sheet |
1 |
||
|
recto |
D1 / E1 |
||
|
18015 |
|||
