A Compendium of the Law of EvidenceBrooke and Clarke, 1804 - 428 էջ |
From inside the book
Արդյունքներ 53–ի 1-ից 5-ը:
Էջ 23
... writ , and if the perfons joining in fuch Recovery had a fuf- ficient eftate or power to fuffer the fame , notwithstanding the deed to make a tenant to fuch writ fhall be loft . It is further enacted that every Recovery shall be deemed ...
... writ , and if the perfons joining in fuch Recovery had a fuf- ficient eftate or power to fuffer the fame , notwithstanding the deed to make a tenant to fuch writ fhall be loft . It is further enacted that every Recovery shall be deemed ...
Էջ 27
... writ in fact issued , either party might do so , and therefore , wherever the defendant pleads a tender before the exhibiting of the bill , or that he did not promise within fix years next before that time ; the plaintiff may set forth ...
... writ in fact issued , either party might do so , and therefore , wherever the defendant pleads a tender before the exhibiting of the bill , or that he did not promise within fix years next before that time ; the plaintiff may set forth ...
Էջ 28
... writ by the Plaintiff , or a copy of the precipe after notice to produce it by the defendant , vide Johnson v . Smith , 2 Bur . 950. Morris v . Pugh . 3 Burr . 1241. But , in ge- neral , the filing of the bill is confidered as the ...
... writ by the Plaintiff , or a copy of the precipe after notice to produce it by the defendant , vide Johnson v . Smith , 2 Bur . 950. Morris v . Pugh . 3 Burr . 1241. But , in ge- neral , the filing of the bill is confidered as the ...
Էջ 42
... writ- ing , the defendant offered the Record of a conviction of the plaintiff for forging another fimilar note to which the fame witnefs had alfo fworn . This evidence was objected to by Serjeant Parker , who contended that , " it was a ...
... writ- ing , the defendant offered the Record of a conviction of the plaintiff for forging another fimilar note to which the fame witnefs had alfo fworn . This evidence was objected to by Serjeant Parker , who contended that , " it was a ...
Էջ 46
... , he adds , the conviction would not . be conclufive , so as to bar the party in a writ of dower or appeal , where the legality of the marriage came in queftion , though it would be prima facie evidence on a plea of ne unques 46 RECORDS .
... , he adds , the conviction would not . be conclufive , so as to bar the party in a writ of dower or appeal , where the legality of the marriage came in queftion , though it would be prima facie evidence on a plea of ne unques 46 RECORDS .
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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...