Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 71

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 71

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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. 1899 edition. Excerpt: ...to state the nature or substance of that, but he may do this in very general terms and in the most informal manner. He is, we think, required to state the nature or substance of the defense, on account of its bearing upon the question of the reasonableness of his belief and the question of his good faith in this matter, and not for the purpose of enabling the court to pass finally upon the truth or the legal sufficiency or availability of the stated dofense. The procedure under the rule is sufliciently well adapted for ascertaining whether the counsel really and honestly believes that a good defense exists, and that he really and honestly intends to make it; it is not at all adapted for trying and finally determining the truth or legal sufficiency of the stated defense. In a proceeding under the rule, the nature or substance of the defense stated should be regarded chiefly as bearing upon the real belief, good faith and intention of the counsel making the statement. If he has complied with the rule, that is, has disclosed as required, and satisfied the court of his belief and good faith and intention to make the defense, then the truth or the legal sufficiency of it should be left to be tried and determined in the ordinary and regular way. This rule, in substantially its present form, has been in existence for a. great many years, and so far as we are aware the Von. 1.xx1--27 practice under it has been uniformly in accordance with the views herein expressed. No inconvenience appears to have resulted from this practice, and we can see no advantages to be gained by changing the practice under the present rule. If the disclosed defense in a given case is clearly and palpw hly untruthful, or irrelevant, or utterly frivolous, it would indicate...show more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236870255
  • 9781236870254