date

28 Jan y 1808 Appeals If, pending
28 Jan y 1808

Appeals

If, pending and notwithstanding the Appeal made to the superordinate Judicatory, execution in the judgment appealed from, in judgment pronounced in the subordinate immediate judicatory, had been suffered to take place, the quantity of delay capable of being thus sold would have been cut short by every such judgment /have been cut short/, and the trade thus brought to an untimely end. Accordingly in the establishment of the above English Courts of Review, care was taken that the operation of Appeal should not be followed by any such inconvenient consequence: jurgonci, that of error was not in suposidias[?].

The plea for this arrangement had colour in it / was not altogether derived of colour:/. Plea. If, on Appeal presented, execution be not stopped, Appeal will be a remedy in name only, not in effect: will[?], pending and notwithstanding the Appeal, injustice, if such be the consequence of the judgment below, will run in its course. Replication. Yes: if so it be, that /True, if and as of[?] as/ the judgment below is really erroneous. But when to a diehard suitor /litigant/ with another [...?] property in his hands, delay for a year or so is a sure consequence, and profit in the shape of Interest of money or intermediate [...?], a more sure /constant/ accompaniment of delay, which upon the whole is the most probable pursuit /result and receipt/ of legal profit in the instance of the litigant, or misdecision, illegal decision in the instance of the Judge?

To the question In Tables hereunto annext enable me to present Your Lordship with an answer. By the concurrence of various causes, misdecision is rendered /appears to be/ less probable[?] /unfrequent/ in Scottish thatn in English judicature. By other causes the[?] apparent frequency of misdecision below, as indicated by the decision pronounced above, is by other causes rendered more likely to be above than below the mark of the real /the reality/.

/In the ultimately superordinate rule[?] of Judicatory of the House of Lords/
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