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1827. Octr. 19
Law Amendment.
Propositions
23
When applicant is
constituted demandant
a suit is commencement
is given to a suit and
some other person or
persons will be constituted
proposed defendant.
When at the instance of an applicant he or she is constituted
demandant commencement is then given will thus be given to a suit and some
person — person some person single or composite will be constituted proposed defendant
and on either side or both sides persons in any number may be plead
If and as soon as he performs any operation by which the demand being
entitled defence is made, the proposed becomes thereby as actual defendant.
24.
Of suits divers distinguishable
sorts.
Of suits at law called also causes these suits require to be
distinguished.
25
1 Suits simple & complex
Distinction the first suits simple suits complex
suits complex are so either are in respect above the
or in respect of the demand made at the hands each of the one and the
same party or at the hands of divers parties
26
Complex suits, resolvable
into a number of single
suits
Suits A complex suit is in every case resolvable into a certain number
of simple suits correspondent to the number of distinguishable threads
When a benefit is a burthen either to be distributed among divers persons
on so many different grounds, so many of these persons so many suits
actual or contingent.
Included in a mutual account are as
many contingent simple suits as there are items in it.
27
2 Suits expeditible &
continuous
2. Distinction the 2. Suits expeditible, suits continuous
To a suit in the most perfect degree simple continuity to any length
is capable of being given by disguisement of evidence: by the distance
from which it is to come and by any other circumstances by which the difficulty
of obtaining it may be cause. The more complex, of course the
qu more greater the degree in which it is liable to be continuous.
28
3 Suits original and
excretitious
3. Distinction the third. Suits original, suits excretitious.
Excretitious may be termed any suit to which it has happened to grow
out of another su suit. Su A suit against a bondsman or say a fraud by bondsman is liable
to grow out of the suit every suit in the course of which any party have
paid for something to be done or suffered by a party.
Identifier: | JB/056/177/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-19 |
23-28 |
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056 |
Law Amendment |
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177 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
C6 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18233 |
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