A Treatise on the Law of Evidence: Fifth American, from the Seventh and Eighth London Editions, Volume 3Gould, Banks, 1843 - Evidence (Law) |
From inside the book
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Page 796
... defendant , who had also brought a writ of error , gave a rule to transcribe . The plaintiff having taken no notice of the bill , a judge's order was ob- tained , calling on him to return it to the defendant . Cross , serg't , obtained ...
... defendant , who had also brought a writ of error , gave a rule to transcribe . The plaintiff having taken no notice of the bill , a judge's order was ob- tained , calling on him to return it to the defendant . Cross , serg't , obtained ...
Page 800
... defendant appeared and pleaded by attor- ney . ( Aldrich v . M'Kinney , 4 Conn . Rep . 380. ) So in New - York , in a similar case , where the record stated that the defendant appeared to the suit , held that such state- ment was mere ...
... defendant appeared and pleaded by attor- ney . ( Aldrich v . M'Kinney , 4 Conn . Rep . 380. ) So in New - York , in a similar case , where the record stated that the defendant appeared to the suit , held that such state- ment was mere ...
Page 804
... defendant in the first action , prevailed upon the general is- sue ; in the second , after giving the record in evidence , he insisted that it was conclu- sive per se , and operated as an estoppel ; and the question presented ...
... defendant in the first action , prevailed upon the general is- sue ; in the second , after giving the record in evidence , he insisted that it was conclu- sive per se , and operated as an estoppel ; and the question presented ...
Page 811
... defendant offered in evidence , the admission of the plaintiff's counsel in the special verdict taken at the former trial , to prove the existence of a mortgage . Chase , J .: “ Facts are often admitted and stated , for the purpose only ...
... defendant offered in evidence , the admission of the plaintiff's counsel in the special verdict taken at the former trial , to prove the existence of a mortgage . Chase , J .: “ Facts are often admitted and stated , for the purpose only ...
Page 824
... defendant has given evidence of a valid subsisting title in a third person , and it is claimed that such title is barred by the statute of limitations or has been abandoned . ( Witmer v . Schlatter , 2 Rawle's Rep . 359 , 366 , per ...
... defendant has given evidence of a valid subsisting title in a third person , and it is claimed that such title is barred by the statute of limitations or has been abandoned . ( Witmer v . Schlatter , 2 Rawle's Rep . 359 , 366 , per ...
Common terms and phrases
12 Wend action adm'r admissible admitted aliunde ante appear assumpsit attestation authenticated authority award Bank bill Binn Blackf C. C. Rep CALIFORN Carr certificate chancery circumstances cited clerk common law competent conclusive Conn copy court of chancery court of equity Cowen's Rep Cranch declared decree deed defendant delivering the opinion doctrine estoppel ex dem ex'rs execution facie fact former Greenl ground Hamp hand-writing Harr held inadmissible indictment instrument intended issue Jackson John judge judgment jurisdiction jury justice land lessee Litt Lord Ellenborough Mass Massachusetts matter Monroe New-York officer paper parol evidence party patent ambiguity Payne Pennsylvania person Pick plaintiff plea pleaded presumption prima facie probate proceedings proof proved question Rawle record respect rule seal secondary evidence Serg sheriff Smith South Carolina statute subscribing witness suit supra testator testimony tiel tion trial verdict Verm void Yerg