[meteorite-list] Meteorite Lawsuit -Taylor vs. Evans

[LITIG8NSHARK at aol.com]

Good morning Folks,

If, by some imaginative thought process on the part of the Defendant, (Evans) 
the fact that he provided Planetary and Achondrite meteorites to the 
Plaintiff, (Taylor) somehow vitiated a prior obligation to turn over the Park Forest 
specimen too, then that would be referred to as an "affirmative defense".  
However, Mr. Taylor was under no obligation whatsoever to prove up the Defendant's 
affirmative defenses to the court, whether they be legitimate or imagined.  

Idem est non probari et non esse; non deficit jus, sed probatio.  Translated, 
this means "What is not proved and what does not exist are the same; it is 
not a defect of the law, but of proof."  In other words Folks--You snooze, you 
lose.  Perhaps it is time for someone to pay up before their property and/or 
wages are seized to satisfy the judgment.  Just a thought.

Best regards to all,

Paul Martyn

In a message dated 12/5/2006 5:14:52 PM Eastern Standard Time, 
bobe5531 at comcast.net writes:
Mccartney,

You left out the part where you failed to disclose to the court the fact 
that you received thousands of dollars worth of Planetary and Achondrite 
meteorites from me.
Now, why would you do that Mccartney? Shouldnt you have told the court 
everything? You are an honest guy, right?
Lets continue this conversation in Tucson. I cant wait to see you this 
coming February.