Considerations Suggested By the Report Made to His Majesty
Considerations Suggested By the Report Made to His Majesty
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Where there are several parties, the abatement of a suit by death of one, may render it impossible to comply with some of the positive rules which the propositions tend to establish.
Some of the propositions seem to extend too far. Referring to the judgment of the Master before whom exceptions to an answer have been argued, to ascertain the quantity of time to be allowed to the defendant to put in a further an- swer, seems to be proper, as the master must generally be the person best qualified ...to judge of the time necessary for the purpose : but making that judgment final seems improper: first, be- 69 cause the Master may err in judgment, and in that case there can be no remedy, as the Master cannot review his report, without a special order for the purpose; and if such an order can be made, notwithstanding the positive rule that the Master's judgment shall be final, the judgment will not be final. But is it fit that the judgment of the Master should in such a case be final? There are ten Masters to whom exceptions to answers may be referred, and each, if the case were before him, might have a different view of the time necessary to answer exceptions; for the proposition leaves the decision wholly to the discretion of the Master.
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To quickly assess the difficulty of the text, read a short excerpt:
Where there are several parties, the abatement of a suit by death of one, may render it impossible to comply with some of the positive rules which the propositions tend to establish.
Some of the propositions seem to extend too far. Referring to the judgment of the Master before whom exceptions to an answer have been argued, to ascertain the quantity of time to be allowed to the defendant to put in a further an- swer, seems to be proper, as the master must generally be the person best qualified ...to judge of the time necessary for the purpose : but making that judgment final seems improper: first, be- 69 cause the Master may err in judgment, and in that case there can be no remedy, as the Master cannot review his report, without a special order for the purpose; and if such an order can be made, notwithstanding the positive rule that the Master's judgment shall be final, the judgment will not be final. But is it fit that the judgment of the Master should in such a case be final? There are ten Masters to whom exceptions to answers may be referred, and each, if the case were before him, might have a different view of the time necessary to answer exceptions; for the proposition leaves the decision wholly to the discretion of the Master.
What to read after Considerations Suggested By the Report Made to His Majesty?
You can find similar books in the "Read Also" column, or choose other free books by Frederik Eginhard Amadeus Schiern to read onlineMoreLess
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