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 793
... supra . ) And the court of errors in New - York have gone far toward approv- ing of this practice . ( Law v . Merrills , supra . ) The supreme court in New - York , however , have not adopted it ; and per Savage C. J .; " It seems to me ...
... supra . ) And the court of errors in New - York have gone far toward approv- ing of this practice . ( Law v . Merrills , supra . ) The supreme court in New - York , however , have not adopted it ; and per Savage C. J .; " It seems to me ...
Page 804
... supra . See also Evelyn v . Haynes , cited by Ld . Ellenborough , 3 East , 365. ) It was doubtless their intention to follow the doctrine laid down in Trevivian v . Law- rence , ( 1 Salk . 276 , ) which is , substantially , that a party ...
... supra . See also Evelyn v . Haynes , cited by Ld . Ellenborough , 3 East , 365. ) It was doubtless their intention to follow the doctrine laid down in Trevivian v . Law- rence , ( 1 Salk . 276 , ) which is , substantially , that a party ...
Page 806
... supra , p . 287. ) In Kilheffer v . Herr , supra Huston , J. denies that the doctrine of estoppel is strictly applicable to the case of a judgment . He says : " an estoppel is always something personal - the party is estopped from ...
... supra , p . 287. ) In Kilheffer v . Herr , supra Huston , J. denies that the doctrine of estoppel is strictly applicable to the case of a judgment . He says : " an estoppel is always something personal - the party is estopped from ...
Page 808
... supra . ) In Adams v . Barnes , supra , the other branch of the rule is illustrated . There it appeared that an action had been brought by a mortgagee to obtain possession of the mortgaged premises ; the mort- gagor had defended on the ...
... supra . ) In Adams v . Barnes , supra , the other branch of the rule is illustrated . There it appeared that an action had been brought by a mortgagee to obtain possession of the mortgaged premises ; the mort- gagor had defended on the ...
Page 809
... supra , says ; " We know that even a judgment between the same parties , upon the same point , and which , if pleaded , would have been a perfect bar , is , when used as evidence under the general issue , not conclusive upon the jury ...
... supra , says ; " We know that even a judgment between the same parties , upon the same point , and which , if pleaded , would have been a perfect bar , is , when used as evidence under the general issue , not conclusive upon the jury ...
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