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In the civil law, this is an oath which was deferred to the complainant as to the value of the thing in dispute on failure of other proof, particularly when there was a fraud on the part of the defendant, and be suppressed proof in his possession. In general, the oath of the party cannot, by the common law, be received to establish his claim, but to this there are exceptions.

The oath in litem is admitted in two classes of cases: Where it has been already proved, that the party against whom it is offered has been guilty of some fraud or ...