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26[?] Dec r 1806
Scotch Reform To L d Grenville
4 6
Resolut. 13
Interlocution Unapplicable
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."
In other instances when exceptions have really been in contemplation, their being so has been expressly announced: such has been the caution used /observed/ in Resolution the 6 th: such has been the caution used in Resolution the 10 th.
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Title: [28 Dec r 1806 Scotch Reform To L d]Description: 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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Title: [[...?] Dec r 1806 Scotch Reform To]Description: [...?] Dec r 1806 Scotch Reform To L d Grenville + Resolut. 13 Interlocut. Unapplicable Resolut 13. No appeal to Lords against Interlocutors Resolution 13. That no Appeal to this House be competant against Interlocutors Judgments. That, taking them in the [...?], Appeals from Scotch Interlocutory Judgments of this description are a comon source of abuse - a very /highly/ efficient, and, I believe /if I understand aught/, highly /much/ worked instrument in the hand of a malâ fide suitor, especially a malâ fide defendant, I can easily conceive. I am ready to believe without difficulty. But the exclusion is without exception /has no exception/: and if to /in/ this unlimited extent /amplitude/ it was to be carried into effect without inconvenience, it would be for some reason by which /upon the strength/ it might be excluded perhaps with no less /not much/ propriety to all Judgments, to all which is as much as to say, to all Appeals. Great is the extent covered by the cases in which the hinge on which the cause turns is not the final judgment, but an /some/ interlocutory one. The appeal (it may be said) may in that case wait: and thus in its effects embrace interlocutory and final judgment together. Good in some cases: not so in others. By An interlocutor for example, such or such an article of evidence (say testimonial evidence) is excluded: upon the evidence thus excluded rests /turns/ the fate of the cause: The side in which the evidence would have been produced being the Plaintiff's, for want of it Judgment final Judgment is given for the Defendant: then comes the Appeal, in which with the final judgment the interlocutor which gave rise to it is complained of at the same time. What in this case can[?] the House do? [...?]
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Title: [26 Dec r 1806 Scotch Reform To L d]Description: 26 Dec r 1806 Scotch Reform To L d Grenville (9 Resolut. 13 Interlocution Unapplicable Nor is it at all out of nature, that a provision which has afforded /presented/ so many demands for exception to a weak /so naturally weak an/ eye, habituated to survey the field in a comercial[?] point of view, should have afforded none at all to a much stronger an eye, habituated /accustomed/ to regard it /the same expanse[?]/ in no other than a professional point of view. Had it been a point to argue as between Plaintiff and Defendant, and the fee proportionate, the existing absence of grounds of exception might have been replaced by an opulence /exuberance/ the in comparison of which the cases here submitted to your Lordship for the mere purposes of exemplification would have shrunk into insignificance.
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