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Updated: June 4, 2025
The driver, with whom I sit outside, informs me, as we slowly roll down this fearful mountain road, which looks down on either side into an appalling ravine, that he has met accidents in his time, and cost the California Stage Company a great deal of money; "because," he says, "juries is agin us on principle, and every man who sues us is sure to recover.
For instance; A. sues B. for a debt: B. denies the debt: A. is now to bring evidence to the debt, or, on failure thereof, it remains with B. to clear himself of the debt by swearing himself not indebted.
The little maid of fourteen sighs for a love letter, and hopes that her cousin Frederick William, who sues for her hand, will write her one, and is so innocent as to suppose that he woos her because he loves her. Poor child, disappointed in her curiosity and her wish to know herself beloved!
He wishes to be united with them. Before the Mystic can find them, he must overcome everything which sues for the favour of that consciousness. The band of suitors spring from the world of lower reality, from perishable nature. The logic directed against them is a spinning which is always undone again after it has been spun.
If he is ignorant of this, or even if he is merely doubtful whether the borrower still has the property in his possession or not, and sues him on the loan, he may, on subsequently learning the facts, and if he wishes to drop the action which he has commenced, and sue the thief instead, adopt this course, in which case no obstacle is to be thrown in his way, because it was in ignorance that he took action and sued the borrower on the loan.
This officer is the means of communication or mediation between the sultan and his Pangerans; and in case of condemnation, he sues for the pardon or mercy of his sovereign. Mr. Hunt, in his short but excellent paper on Borneo, mentions some other officers of state: I will not follow him, but in the names, as well as duties of these officers, his account agrees with my information.
If, however, a plaintiff sues at Ephesus that is, in our example, at the place agreed upon for the payment he need do no more than simply allege the debt, as the praetor too points out, because the debtor has all the advantage which payment in that particular place gives him.
For example, a creditor may have agreed with his debtor not to sue him for money due, and then have subsequently agreed with him that he shall be at liberty to do so; here if the creditor sues, and the debtor pleads that he ought not to be condemned on proof being given of the agreement not to sue, he bars the creditor's claim, for the plea is true, and remains so in spite of the subsequent agreement; but as it would be unjust that the creditor should be prevented from recovering, he will be allowed to plead a replication, based upon that agreement.
The reason why this is an overclaim is that in stipulations of this sort it is the promisor who has the election, and who may give the slave or the money, whichever he prefers; consequently if the promisee sues, alleging that either the money alone, or the slave alone, ought to be conveyed to him, he deprives his adversary of his election, and thereby puts him in a worse position, while he himself acquires an undue advantage.
I shall never love England till she sues to us for help, and, in the mean time, the fewer triumphs she obtains, the better for all parties. An Englishman in adversity is a very respectable character; he does not lose his dignity, but merely comes to a proper conception of himself.
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