 The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the...  A Treatise on the Law of Evidence - Էջ 171Samuel March Phillipps - 1815 - 520 էջԱմբողջությամբ դիտվող - Այս գրքի մասին
 | Great Britain. Courts - 1816 - 470 էջ
...effusions of the mind of the party making them, and must have been made on an occasion 4&tt} his mind stood in an even position, without any temptation to exceed or fall short of the truth. Upon this principle it has been the general rule, as far back as my experience and know ledge go, to... | |
 | Richard Burn - 1820 - 894 էջ
...improbable that a description would be suffered to continue it" erroneous,) are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. PA/7/. Ev. 245. 246. Handwriting. As relating to the evidence of written instruments, the node of proving... | |
 | Thomas Starkie - 1826 - 708 էջ
...the natural effusions of a party who must know the truth, and who speaks upon an .occasion when the mind stands in an even position, without any temptation to exceed or fall short of the truth. Proof by one of the family that a member of it went abroad many years ago, and was supposed to have... | |
 | Great Britain. Court of Chancery - 1827 - 644 էջ
...descriptions upon monuments, descriptions in Bibles, and Registry Books, all are admitted upon the praiciple, that they are the natural effusions of a party, who...any temptation to exceed or fall short of the truth. But there may be many circumstances, forming part of the tradition, which you would reject, taking... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 էջ
...descriptions in wills, descriptions on monuments, descriptions in bibles and registry books; all, are admitted upon the principle that they are the natural...position, without any temptation to exceed or fall 1827. short of the truth. But, there may be many circumstan- f^"^ ces forming part of the tradition,... | |
 | John Hubbersty Mathews - 1827 - 528 էջ
...its being the natural effusion of a person, who having had opportunities to know the truth, speaks on an occasion when his mind stands in an even position,...any temptation to exceed or fall short of the truth (a). Declarations in contemplation of future controversy, though suspicious, are not however always... | |
 | 1829 - 760 էջ
...admitted in evidence. " The tradition," said Lord Eldon, in the case of Whitlocke versus Baker,t " must be from persons having such a connection with...stated, in the late case of the Berkeley peerage, when this subject was much discussed) that declarations made for the express purpose of being given... | |
 | 1843 - 530 էջ
...descriptions in wills, descriptions upon monuments, descriptions in bibles and registry books, all are admitted upon the principle that they are the natural...temptation to exceed or fall short of the truth."* 1 Hearsay as to marriage, time of birth, admitted ; the hearsay declarations of the mother denying... | |
 | Richard Burn - 1831 - 1154 էջ
...improbable that a description would be suffered to continue if erroneous), are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. 1 Phill. Enid. 7 ed. 239. Ownership of Way, Estate, ¿jr.]] — In questions about a right of way,... | |
 | Henry Roscoe - 1831 - 788 էջ
...the natural effusions of a party who must know the truth, and who speaks upon an occasion where the mind stands in an even position without any temptation to exceed, or fall short of the truth. Per Lord Eldon, Whitelockev. Baker, 13 Ves. 514. Higliamv. Ridgway, 10 East, ISO. /!. NP 233. So a... | |
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