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A Letter to ... Robert Peel, on the Subject of Some of the Legal Reforms ...
Charles Edward Dodd
No preview available - 2016
according action admit advantage allowed alteration appear arbitrator arising attorneys believe Brougham cause certainly Chief claim Common Pleas confess consideration considered contracts costs counsel counts court debt decided defendant delay desirable doubt effect English equally equity evidence evil excluded execution existing expense fact fair fees frequent give going ground important inconvenience increase instance interest issue judges judgment jury justice kind King's Bench learned leave less litigation London Lord matter means nature necessarily necessary Nisi object observes occasion paid particulars parties perjury plaintiff pleading points practice present principle proceedings produce proposes prove questions reason record reforms respect rule seems sittings sort statement statute sufficient suit suitors surely taking term testimony tion trespass trial truth verdict witness Writ of Error writing
Page 43 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent.
Page 38 - You are to know, further, that the Judges of England do not sit in the King's Courts above three hours in the day, that is, from eight in the morning till eleven.
Page 38 - The Judges when they have taken their refreshments spend the rest of the day in the study of the laws, reading of the Holy Scriptures, and other innocent amusements, at their pleasure : it seems rather a life of contemplation than of much action : their time is spent in this manner, free from care and worldly avocations.
Page 7 - ... together, — you would not be able to compose a collection of cases equal in variety, in amplitude, in clearness of statement — in a word, all points taken together, in instructiveness — to that which may be seen to be afforded by the collection of English Reports of adjudged cases, on adding to them the abridgements and treatises, by which a sort of order, such as it is, has been given to their contents.
Page 7 - Traverse the whole continent of Europe, — ransack all the libraries belonging to the jurisprudential systems of the several political states, — add the contents all together, — you would not be able to compose a collection of cases equal in variety, in amplitude, in clearness of statement — in a word, all points taken together, in instructiveness — to that which may be seen to be afforded by the collection of English Reports of adjudged cases...
Page 64 - It has loug been introduced and established in our courts of equity, not to mention the civil-law courts ; and it seems the height of judicial absurdity, that in the same cause, between the same parties, in the examination of the same facts, a discovery by the oath of the parties should be permitted on one side of Westminster hall, and denied on the other; or that the judges of one and the same court should be bound by law to reject such a species of evidence, if attempted on a trial at bar, but,...
Page 77 - Offence aforesaid shall not have been actually committed, it shall be sufficient to set forth the Substance of the Offence charged upon the Defendant, without setting forth or averring any of the Matters or Things hereinbefore rendered unnecessary to be set forth or averred in the Case of wilful and corrupt Perjury.
Page 50 - Now this benefit may arise to the witness in two cases: First, where he has a direct and immediate benefit from the event of the suit itself; and, secondly, where he may avail himself of the benefit of the verdict in support of his claim in a future action.
Page 56 - When a man, who is interested in the matter in question, comes to prove it, it is rather a ground for distrust than any just cause of belief; for men are generally so shortsighted as to look at their own private benefit, which is near to them, rather than to the good of the world, which is more remote; therefore, from the nature of human passions and actions, there is more reason to distrust such biased testimony than to believe it.