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 800
... question in issue . For what purpose does the defendant question the jurisdiction of the court ? Solely to show that its proceedings and judgments are void , and therefore the supposed record is not in truth a record . If the defendant ...
... question in issue . For what purpose does the defendant question the jurisdiction of the court ? Solely to show that its proceedings and judgments are void , and therefore the supposed record is not in truth a record . If the defendant ...
Page 804
... question presented , therefore , was , whether the plaintiff on this ground should be nonsuited . With the disposition which was made of that question , we have no fault to find ; for the defendant was clearly far from having entitled ...
... question presented , therefore , was , whether the plaintiff on this ground should be nonsuited . With the disposition which was made of that question , we have no fault to find ; for the defendant was clearly far from having entitled ...
Page 838
... question is made respecting the identity of the matters litigated in the first suit , parol evidence is admissible to show what transpired upon the former trial , and thus explain the record . ( Parker v . Thompson , 3 Pick . Rep . 429 ...
... question is made respecting the identity of the matters litigated in the first suit , parol evidence is admissible to show what transpired upon the former trial , and thus explain the record . ( Parker v . Thompson , 3 Pick . Rep . 429 ...
Page 844
... question inci- dentally in a second suit ; " but , it is added , " his having refused to rest his defence on the truth of the words laid , is so far from being a conclusive acknowledgment that they were untrue , that it does not raise ...
... question inci- dentally in a second suit ; " but , it is added , " his having refused to rest his defence on the truth of the words laid , is so far from being a conclusive acknowledgment that they were untrue , that it does not raise ...
Page 848
... question . Scott testifies that the unseaworthiness was not disclosed at the time of the sale to the defendant . The inquiry then was solely directed to the question , was the vessǝl unseaworthy , and had the plaintiff knowledge of that ...
... question . Scott testifies that the unseaworthiness was not disclosed at the time of the sale to the defendant . The inquiry then was solely directed to the question , was the vessǝl unseaworthy , and had the plaintiff knowledge of that ...
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