Commentaries on the Law of Evidence in Civil Cases, Volume 2Bancroft-Whitney, 1913 - Civil procedure |
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Other editions - View all
Common terms and phrases
admis admissible admitted agent alleged Allen Mass amendment attorney authority Bank best evidence Brown burden of proof cause of action Chicago cited claim Colo Commonwealth competent Conn contract copy court Davis deceased declarations deed defendant dence document entries estopped estoppel facie fact grantor Gray Mass Greenl hearsay held interest Iowa Jackson Johnson Jones jury L. J. Ex larations Law Rep Lumber matter ment Minn Miss N. J. Eq N. Y. Supp negligence notice to produce Ohio St original paper parol party person plaintiff pleadings possession presumption prima facie prove question reason received record Reprint res gestae rule secondary evidence Smith South statements statute Strob supra Tenn testator testimony tion trial Wend Western Union witness
Popular passages
Page 532 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon, accordingly ; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be...
Page 42 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 524 - 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 533 - The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.
Page 505 - But an allegation of new matter in the answer, to which a reply is not required, or of new matter in a reply, is to be deemed controverted by the adverse party, by traverse or avoidance, as the case requires.
Page 498 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing, which is necessary to make it understood, may also be given in evidence.
Page 30 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Page 408 - Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them...
Page 533 - Coke's definition, like his times, is rough, that an estoppel is where a man is concluded by his own act or acceptance to say the truth...
Page 19 - The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the burden of proving that fact shall lie on any particular person...