[58]
But, if it is possible without an affidavit of
objections to obtain a hearing before all tribunals, is not the use of one a
mark of recklessness and utter desperation? For the lawgiver did not make it
obligatory on the contending parties, but granted them the privilege of putting
in such an affidavit, if they chose, as though he were testing the character of
each one of us, to see how we stand with reference to a reckless procedure.1
1 There is, of course, the implication that those having recourse to this procedure thereby showed themselves either unscrupulous or in despair of their case.
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