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The Law of Evidence, Applicable to the Courts of the Late East India Company, Esplained in a Course of Lectures Delivered

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...inapplicable to the subject of decrees in rem. "The results seem to be that the rule which makes a judgment conclusive only against the parties and those who claim under them is subject to certain exceptions which are the offspring of positive law, and that the reasons for the exception may be generally ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...inapplicable to the subject of decrees in rem. "The results seem to be that the rule which makes a judgment conclusive only against the parties and those who claim under them is subject to certain exceptions which are the offspring of positive law, and that the reasons for the exception may be generally stated to be, both in English and Roman law, that the nature of the proceedings, by which there is a fictitious though generally not unjust extension of parties, renders it proper to use the judgment against () I Cowp., 315. those not formally parties. That the principle was clearly seen by the great Judge, who is the main author of our commercial law, and who wa3 enabled so to found it because imbued with the elements of that law which is the best guide to jural reason. That the whole confusion upon the matter has arisen from an attempt to evolve, from what is really a mere name, a definition of the object matter of the decrees, and from a misunderstanding of the meaning of that name. That the rule except in some peculiar cases results from the nature of the proceeding, and that before attempting to apply to this country the doctrine of decrees in rem, a careful consideration must be given to the question whether there are Courts so proceeding. That it will probably be found that there are certain decrees which although it would be most improper to receive as conclusive evidence against third parties ought to be admitted as evidence. In so doing there would be nothing inconsistent with the principles above stated from the Koman law, because those principles apply solely to the absolute bar created by the "exceptio rei judicata;." That great weight is due to the observation of Bentham, that one great defect of the English Courts is their makin...
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Product Details

  • ISBN-13: 9781150391118
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 268
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.56 (d)

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