A Treatise on the Law of Evidence: Fifth American, from the Seventh and Eighth London Editions, Volume 3Gould, Banks, 1843 - Evidence (Law) |
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Page 800
... facie evidence of appearance , and in an action on the judgment , the defendant might aver and prove that he did not appear . ( Starbuck v . Murray , 5 Wend . Rep . 148. ) The case proceeds expressly upon the broad principle , that an ...
... facie evidence of appearance , and in an action on the judgment , the defendant might aver and prove that he did not appear . ( Starbuck v . Murray , 5 Wend . Rep . 148. ) The case proceeds expressly upon the broad principle , that an ...
Page 801
... facie evidence ; but , for all the purposes of sustaining that issue , i is examinable into to the same extent as a judgment rendered by a foreign court . If the jurisdiction of the court is not impeached , it has the character of a ...
... facie evidence ; but , for all the purposes of sustaining that issue , i is examinable into to the same extent as a judgment rendered by a foreign court . If the jurisdiction of the court is not impeached , it has the character of a ...
Page 816
... facie evidence of the amount of damages , in a subsequent suit upon the re- cognizance against the sheriff and sureties jointly , but not conclusive . But in Virginia a wider range has apparently been given to the judgment against the ...
... facie evidence of the amount of damages , in a subsequent suit upon the re- cognizance against the sheriff and sureties jointly , but not conclusive . But in Virginia a wider range has apparently been given to the judgment against the ...
Page 817
... facie evidence upon all points . ( Train v . Gould , 5 Pick . Rep . 380. See Bond v . Ward , 1 Nott & M'Cord , 201 ; Leather v . Poultney , 4 Binn . Rep . 352 , 356 ; State v . Colerick , 3 Hamm . Rep . 487 ; Tyler v . Ulmer , 12 Mass ...
... facie evidence upon all points . ( Train v . Gould , 5 Pick . Rep . 380. See Bond v . Ward , 1 Nott & M'Cord , 201 ; Leather v . Poultney , 4 Binn . Rep . 352 , 356 ; State v . Colerick , 3 Hamm . Rep . 487 ; Tyler v . Ulmer , 12 Mass ...
Page 829
... facie , to an action of fraud , founded on the circumstance of the defendant having neglected to disclose certain latent defects in the boat at the time of delivery . ( Cutler v . Cox , 2 Blackf . 178. ) Whether , if it were clearly ...
... facie , to an action of fraud , founded on the circumstance of the defendant having neglected to disclose certain latent defects in the boat at the time of delivery . ( Cutler v . Cox , 2 Blackf . 178. ) Whether , if it were clearly ...
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