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Updated: May 19, 2025
This is the characteristic movement of rhetoric, which, as is readily seen, is quite different from the plot movement of poetic. The parts are capable of further analysis. Consequently most writers of the classical period subdivide the proof proper into probatio, or affirmative proof, and refutatio, or refutation.
But this is an exception commonly put on the ground that the judgment cannot change the property, as trespass for chattels or trover can. /3/ The rule that you cannot go into title in a possessory action presupposes great difficulty in the proof, the probatio diabolica of the Canon law, delays in the process, and importance of possession ad interim, all of which mark a stage of society which has long been passed.
Et notandum quod mercatores, pro diamantibus frequenter aliud vendunt: Nam solet commixtio fieri de christallo Crochee, de Saphiro, de Lonpes Citrino, de lapide Yri, et de paruis petris ex murium nidis. Probatio veri diamantis haberi potest his modis. Primo si ita inuenitur tener, vt se poliri dimittat non est verus. Item si de eo non potest scindi vitrum cristallum, non est verus.
Thereupon, without the ordinary law's delay, certain proceedings went on, in the course of which Mysie herself was examined as the mother to afford what the lawyers call a semiplena probatio, or half proof, to be supplemented otherwise, and thereafter George Balgarnie stood before the august fifteen.
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