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Old 07-16-2007, 06:26 AM
David Merrill's Avatar
David Merrill David Merrill is offline
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Join Date: May 2005
Location: Colorado.
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Refusal for Cause alive and well

Which came to mind again remembering all the attorneys in new states who have tried to have a suitors' judgment removed from the US or county clerk record. The suitor simply refuses for cause.

Quote:
UNITED STATES OF AMERICA,
Plaintiff,

v.

WILLIAM J. KENNEDY, individually and d/b/a AMERICAN LEGAL SERVICES and the EAR OF MALCHUS, Defendant.


Case No. 03:06-cv-5383-JCS

ORDER



This matter The United States of America has filed a complaint for permanent injunction in this matter against defendant William J. Kennedy, individually and doing business as the Ear of Malchus and American Legal Services. The United States, and Kennedy, have filed a Stipulation of Permanent Injunction as follows:

Kennedy, without admitting the allegations contained in the complaint, hereby consents to the entry, without further notice, of this Final Judgment of Permanent Injunction.

Kennedy enters into this Final Judgment of Permanent Injunction voluntarily, and waives the entry of findings of fact and conclusions of law. Kennedy also waives any right he may have to appeal from this Final Judgment of Permanent Injunction.


Oops! Acquiescence is considered consent!

In one instance I am remembering this morning, the attorney for the defendant's attorney submitted a motion to the federal magistrate that he issue an Order for the county clerk and recorder remove the judgment. The suitor refused it for cause and the defendant then sent the motion directly to the county clerk and recorder. The courier/process server hid the notice of that under the suitor's doormat but he spotted it in time to R4C timely.

Do not misunderstand, almost all attorneys are wise enough not to lend credibility to judgments res judicata by challenging them. This happens mostly when a new suitor cures remedy in a new state.




Regards,

David Merrill.
__________________
Quote:
Originally Posted by Shoonra
It is worth noting that the fealty to the Pope, which you cited for its explicit mention of the Templar abbey in Dover, is the legal basis for the invalidation of the Magna Carta after it was sealed at Runnymede.
During discussion about the Treaty of 1213 and the Magna Charta (1215).

http://www.yale.edu/lawweb/avalon/medieval/magframe.htm
http://www.fordham.edu/halsall/source/john1a.html
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