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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...in the same capacities as in the subsequent case, whether they were similarly ranged, as regards the point in dispute, as plaintiffs and defendants in the two cases or not (I); (4) if the decision was made by a Court having co-equal jurisdiction with the Court trying the subsequent case, both as regards the pecuniary limit of its jurisdiction and as to the subject-matter of the case, to try it with conclusive effect (to); and (5) if the matter was heard and finally decided () by such Court, --the decision being one tending to and forming a necessary element of the decree, whether it was expressly set out therein or not, and being unalterable by such Court, except on review. The rule may be stated still more concisely in the following terms: --An adjudication, to be res judicata, must be "secundum allegata et probata," and, when it conforms to this principle, its objective elements, as embodied in the final concrete command, will form a conclusive bond of relation between the parties. The means or process by which it is arrived at may be erroneous; as, for instance, when the decision turns on the truth of a certain deposition or the construction of a certain law, the evidence may have been appreciated wrongly, or the law misapplied. In another case the same evidence may be weighed differently and the same law interpreted otherwise; but the individual constitution of a right and duty, derived from such materials, as ascertained by a Judge exercising final jurisdiction, will practically create and settle the precise relation as found and laid down by him. Though the abstract subjective view may be questioned, the concrete objective command must thereafter, in any further litigation, be accepted as final by the parties and their...
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Includes annual "Review of legislation" covering the years 1859-1949.
Excerpt from Colonial Laws and Courts: With a Sketch of the Legal Systems of the World and Tables of Conditions of Appeal to the Privy Council The Editors also desire to record their special sense of the valuable assistance of Mr. C. E. A. Bedwell, Assistant Librarian of the Middle Temple, who has contributed the introductory statement. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.