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Proofs should be demonstrative, and as the disputed points are four, the demonstration should bear upon the particular point disputed; for instance, if the fact is disputed, proof of this must be brought at the trial before anything else; or if it is maintained that no injury has been done; or that the act was not so important as asserted; or was just, then this must be proved, the three last questions being matters of dispute just as the question of fact.

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