date

28 Dec r 1806 Scotch Reform To L d
28 Dec r 1806

Scotch Reform To L d Grenville

Adoplusida?[?] 1 3

Resolut. 13

Interloct[?] Unapplicable

There are particular cases: and supposing the Resolution to be in these respects too extensive, its /the/ over-amplitude might be corrected by apposite exceptions.

The /But/ proposed prohibition of Appeals against Interlocutory Judgments assumes and supposes a clear and invariable line of distinction in existence drawn between interlocutory judgments and final ones. Does /Exists then/ any such law exist my Lord? I do not mean in form, but in effect? Is is altogether clear tha neither precedent nor analogy can afford either warrant or plausible [...?] for framing /pronouncing/ judgments that shall be interlocutory in form, final in effect? Take almost any final judgment at random, is ther /can there be/ any difficulty, in framing a judgment, which shall /being/ be in all other respects the same, with the single difference of its being declared to be provisional only, reserving to another time the definitive disposal of the matter /subject matter/ in dispute till another time? This interlocutory judgment, (for under that appellation surely it could come,) this interlocutory judgment, for so long as it continues unmodified /unaltered/, produces the effect of a final one. But by whom is it to be altered? /But who is there to alter it?/ The Court below will not: and the Court above, the House of Lords, this Resolution being carried into act, can not.
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    Will it be said, that exception, to some such effect as those which I have been taking the liberty of bringing to view, even, though not expressly spoken of in the contemplation of the framers of this resolve? The supposition is negatived so plainly as it is in the power of words to negative it. "resolved that no Appeal to the House be competant against Interlocutory Judgments."

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