[DOWNLOAD] "Doe, Ex Demise of William Patterson, Plaintiff in Error v. Elisha Winn and Others" by United States Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: Doe, Ex Demise of William Patterson, Plaintiff in Error v. Elisha Winn and Others
• Author : United States Supreme Court
• Release Date : January 01, 1831
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

As to the second point. The exemplification was rejected, not on account of any inherent defect, but because the affidavit of the lessor of the plaintiff was alleged not to be a compliance with the rule of court. Rules of court are made to advance justice. They are always to be interpreted and applied in subservience to that object. They have not the inflexibility of the law: made by the court, they may be changed by the court. The judge can relax or enforce them as justice may require. The forms of the shrine are not to be converted into shares for the suitors who approach it. The rule requires of the party seeking to introduce a copy, an affidavit of his belief that the original is lost or destroyed; but this, evidently, is applicable only to the case where such belief exists. Suppose he does not believe it to be lost or destroyed? Suppose he believes it to be in the hands of the opposite party? Must he perjure himself, or lose his rights? May he not give notice to the opposite party to produce the original; show diligent inquiries after it; prove circumstances presumptive of its destruction; and by his own oath declare that he has it not, that it is not in his custody or power, and that he knows not where it is? All of which has been done in this case. What room is there to imagine the voluntary suppression of the original, after such an affidavit? Could he say it was not in his power, if he had given it to another, or directed that other to give it to a third? Could he say he knew not where it was?

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