13 July 1804

Procedure and Evidence

1. wrongful decision against self

1 a continued

and suppose this form of summons to consist of two distinguishable parts: one (according to a supposition but too abundantly verified) consisting altogether /of a heap/ of lies and nonsense, the effect of which is either to convey no information of any kind or none but what is false, and if trusted be deceptitious: the other, adapted to the end, and serving to convey the information requisite and intended. The first part of this form of summons will be an example of the case just supposed, the latter part of the other case.

Suppose now an inaccuracy committed in the transcription of this nonsensical and altogether useless part, and that for this inaccuracy the plaintiff /demandant/ is made to lose his cause. There then we have a decision on a point foreign to the merits; and that a decision contrary to the merits: and in this case the absurdity and mischievousness of such a decision cannot with any shadow of reason be controverted or put in doubt.

Suppose again that an inaccuracy is committed in respect of the rational and useful part of the notice: but the defendant appears notwithstanding, just as he would have done, had the notice been correct, and by appearing, has altogether as good and effectual an opportunity of defending himself: and yet notwithstanding his appearance, the , the cause is not suffered to go on; but on the ground of such inaccuracy a decision is pronounced against the complainant, refusing compliance with his demand. Here again we have another decision on a point foreign to the merits: another /and that to a/ decision contrary to the merits: and though in this case /as to this point/ the requisition by which the form of action is prescribed has nothing of absurdity in it - nothing but what is reasonable - yet the mischievousness of the decision to the effect in question is not less undeniable in this case than in the other.