The Law of Evidence: Applicable to the Courts of the Late East India Company, Explained in a Course of Lectures Delivered by ...
John Bruce Norton
Higginbotham and Company, 1869 - Evidence (Law) - 589 pages
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according accused action admissible admitted allowed answer appear applied arise attendance authority belief called cause character charge circumstances Civil common conclusive confession consideration considered contract conviction copy course Court crime criminal cross-examination death deceased decision deed defendant deposition direct document effect entry established evidence examination exclude execution existence express fact false former give given ground guilt hand held important instance interest issue Judge judgment jury justice leading letter Lord Magistrate matter means mind murder nature necessary oath object observed Officer opinion original particular party person plaintiff possession practice present presumed presumption principle prisoner proceeding produce proof proved provides question reason received reference relation Reports respect rule statement sufficient suit supposed taken testimony thing tion trial true truth unless whole witness writing written
Page 452 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 305 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 114 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Page 141 - ... shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Page 481 - For he shall give his angels charge over thee, to keep thee in all thy ways. They shall bear thee up in their hands, lest thou dash thy foot against a stone.
Page 268 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 50 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances, to decline to administer justice, and to enforce rights, for which there is no other remedy.
Page 269 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Page 370 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Page 371 - This is a contract to tempt a man to transgress the law ; to do that which is injurious to the community; it is void by the common law ; and the reason why the common law says such contracts are void is for the public good. You shall not stipulate for iniquity. All writers upon our law agree in this, no polluted hand shall touch the pure fountains of justice...