date

[094-345v] 27 Feb y 1807 Letter
[094-345v]

27 Feb y 1807

Letter V

[...?] 10.11.12.13.14.

Appeal is one out of several modes of application to a Court above, on the ground of the supposed misconduct of a Court below.

Misconduct on the part of the Court below may either be of a nature to affect[?] which affects the fate /[...?]/ of a /some/ cause instituted in the Court, or may consist in some injury or vexation inflicted indeed on the occasion of some such suit, but collateral to it, and not affecting the fate of it.

There are but two ways in which the issue of a suit brought before a Court can be affected, whether by the misconduct of the Judge, or by any other cause. One is misdecision, the other by non-decision, which is as much as to say is delay. Exclusive of the /those/ chances of ultimate mis-decision with which delay is naturally pregnant, (see the Table) the mischief of delay is in its nature the same as that of misdecision, viz.: to the prejudice of the plaintiff's side, with no other difference than that of its being temporary instead of perpetual, being co-aval[?] and more than co-aval[?], with the delay itself.
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