A Compendium of the Law of EvidenceBrooke and Clarke, 1804 - 428 էջ |
From inside the book
Արդյունքներ 98–ի 1-ից 5-ը:
Էջ 15
... payment of the money , not only as to the fix , but likewife as to the other two , in the hands of Sir Biby Lake , the fon of Mr. Lake . Bul . N. P. 282 . Another cafe fimilar to the above , was Smartle v . Williams , where the question ...
... payment of the money , not only as to the fix , but likewife as to the other two , in the hands of Sir Biby Lake , the fon of Mr. Lake . Bul . N. P. 282 . Another cafe fimilar to the above , was Smartle v . Williams , where the question ...
Էջ 17
... pay 48. a week , was allowed to be given in evidence , the Chief Juftice ( Pratt ) obferving , that matters of this kind were properly under the directions of the wife ; and in like man- ner the admiffions made by an under - fheriff are ...
... pay 48. a week , was allowed to be given in evidence , the Chief Juftice ( Pratt ) obferving , that matters of this kind were properly under the directions of the wife ; and in like man- ner the admiffions made by an under - fheriff are ...
Էջ 19
... pay a fum of money in order to get rid of an action , is not received as evidence of a debt : the reafon often affigned for it by Lord Mansfield , was , that it must be permitted to men " to buy their peace , " without prejudice to them ...
... pay a fum of money in order to get rid of an action , is not received as evidence of a debt : the reafon often affigned for it by Lord Mansfield , was , that it must be permitted to men " to buy their peace , " without prejudice to them ...
Էջ 24
... payment of it ; but thefe latter cafes refting on prefumption , and not on pofitive proof , very flight evidence is fuf- ficient to rebut and overturn them , and to call on the different parties to establish their refpective rights by ...
... payment of it ; but thefe latter cafes refting on prefumption , and not on pofitive proof , very flight evidence is fuf- ficient to rebut and overturn them , and to call on the different parties to establish their refpective rights by ...
Էջ 69
... payment which has been made un- der it : But it may be fhewn that the feal to 125 . the probate was forged , or that letters of ad- ministration have been repealed , ' to prevent any right being claimed under them , for that does not ...
... payment which has been made un- der it : But it may be fhewn that the feal to 125 . the probate was forged , or that letters of ad- ministration have been repealed , ' to prevent any right being claimed under them , for that does not ...
Բովանդակություն
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Common terms and phrases
Act of Parliament action admiffible admitted afterwards againſt alfo anfwer assumpsit Baron Gilbert becauſe bill Blac Burr cafe caufe cauſe Ch.II cited codicil conclufive contract copy Courts of Equity Cowp debt declaration deed defendant dence depofitions difpute Dougl ejectment entry examined execution fact faid fame feal feems fendant fentence fhall fhew fhould fome ftate fubject fuch fuit fworn Gilb give evidence given in evidence hand writing held himſelf husband iffue inftances inftrument intereft judgment jury Justice land liable Lord Kenyon Lord Mansfield marriage ment muft muſt neceffary non est factum notice oath obferved Omichund parol evidence party payment Peake's perfon permitted plaintiff plea pleaded prefumption profecution proof prove purpoſe queftion reafon received Record rule Salk ſhall shew Statute Statute of Frauds Stra sufficient teftimony tenant testator thefe third person thofe tion trial verdict Vide whofe wife witnefs witness writ
Սիրված հատվածներ
Էջ 211 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Էջ 338 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Էջ 210 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Էջ 378 - ... and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn or obliterated, by the testator, or...
Էջ 16 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Էջ 241 - ... to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants in an action on the case, for the use and occupation of what was so held or enjoyed...
Էջ 210 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Էջ 310 - So in the case of tenants in common : the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title...
Էջ 378 - that no devise, in writing, of lands, tenements, or hereditaments, nor any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same...
Էջ 322 - ... in ejectment for the recovery of the demised premises; or, in case the same cannot be legally served, or no tenant be in actual possession of the premises, then...