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Publication

A Legal Fiction with Its Wings Clipped

Baldwin, Simeon
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Faculty Scholarship Series
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41AmLRev38.pdf
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Abstract
Resort to a legal fiction has, from ancient times, been a common means of extending or limiting both rights of action, and rights of defense to actions, where justice seemed to require or as the case might be, to deny a remedy. An arbitrary assumption has been made by which a new character has been assigned to a party, and thereby his access to the courts facilitated or obstructed.
URI
http://hdl.handle.net/20.500.13051/3775