A Compendium of the Law of EvidenceBrooke and Clarke, 1804 - 428 էջ |
From inside the book
Արդյունքներ 89–ի 1-ից 5-ը:
Էջ 3
... question goes immediately to a Court of Error . So if the party against whom the evidence is given , admits the legality and truth of it ; but con- tends that it is not fufficient to maintain the iffue , and the judge leaves it to the ...
... question goes immediately to a Court of Error . So if the party against whom the evidence is given , admits the legality and truth of it ; but con- tends that it is not fufficient to maintain the iffue , and the judge leaves it to the ...
Էջ 4
... question to the Court , out of which the record iffues , without leaving it to the jury . When a party demurs to evi- dence , he ought to admit the whole effect of the evidence , and not merely the facts which compofe it , fo that if it ...
... question to the Court , out of which the record iffues , without leaving it to the jury . When a party demurs to evi- dence , he ought to admit the whole effect of the evidence , and not merely the facts which compofe it , fo that if it ...
Էջ 15
... question being whether mortgage money was really paid , a fcrivener's book of accounts was after his death received as evi- dence of the payment , vide Bul . N. P. 283. This cafe is re- ported in Salk . 245 , 280 , but the point is not ...
... question being whether mortgage money was really paid , a fcrivener's book of accounts was after his death received as evi- dence of the payment , vide Bul . N. P. 283. This cafe is re- ported in Salk . 245 , 280 , but the point is not ...
Էջ 47
... question of mar- riage would arife only collaterally and incident- ally , but in the other it would come directly in queftion before a Court to whofe peculiar jurifdiction the trial of it belonged , and who could not be oufted of that ...
... question of mar- riage would arife only collaterally and incident- ally , but in the other it would come directly in queftion before a Court to whofe peculiar jurifdiction the trial of it belonged , and who could not be oufted of that ...
Էջ 49
... question of the illegality of the feizure , and precluded all reafoning upon the conftruction of the permit ; and however he might doubt whether the Court had put a true construction upon the effect of the inftrument , yet he could not ...
... question of the illegality of the feizure , and precluded all reafoning upon the conftruction of the permit ; and however he might doubt whether the Court had put a true construction upon the effect of the inftrument , yet he could 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...