A Compendium of the Law of Evidence |
From inside the book
Results 1-5 of 13
Page 55
... Court of Equity , and indeed every other written inftru- ment . The defendant is entitled , in a Court of Law , to have the whole of his anfwer read , and fo far was this rule carried in one cafe , that where one anfwer had been put in ...
... Court of Equity , and indeed every other written inftru- ment . The defendant is entitled , in a Court of Law , to have the whole of his anfwer read , and fo far was this rule carried in one cafe , that where one anfwer had been put in ...
Page 56
... Courts of Equity a different rule prevails , the plaintif may there felect a particular admiflion , and when that is read , the defendant is obliged to prove the other facts stated in his an- fwer by other evidence : Thus where to a ...
... Courts of Equity a different rule prevails , the plaintif may there felect a particular admiflion , and when that is read , the defendant is obliged to prove the other facts stated in his an- fwer by other evidence : Thus where to a ...
Page 60
... Court of Equity , on a bill filed for that purpose ; and by Stat . 13 Geo . 3. c . 65 , Sec . 40 , it is enacted , that in all cafes of in- dictments or informations laid or exhibited in the Court of King's Bench for misdemeanors or ...
... Court of Equity , on a bill filed for that purpose ; and by Stat . 13 Geo . 3. c . 65 , Sec . 40 , it is enacted , that in all cafes of in- dictments or informations laid or exhibited in the Court of King's Bench for misdemeanors or ...
Page 61
... Court of Law or Equity in England , for which caufe arifes in India . Ch . II . 6.2 . Depofitions . 691 . But i cafes where a party offers this fe- condary degree of evidence , he ought to ad- duce fome kind of proof to fhew that he is ...
... Court of Law or Equity in England , for which caufe arifes in India . Ch . II . 6.2 . Depofitions . 691 . But i cafes where a party offers this fe- condary degree of evidence , he ought to ad- duce fome kind of proof to fhew that he is ...
Page 66
... Courts of Equity , that in order to give , in evidence an anfwer , depofitions , affidavits , or any other ... Court could not fee whether it was a regular pro- ceeding ; and if not , then the anfwer or depo- fitions would have only the ...
... Courts of Equity , that in order to give , in evidence an anfwer , depofitions , affidavits , or any other ... Court could not fee whether it was a regular pro- ceeding ; and if not , then the anfwer or depo- fitions would have only the ...
Common terms and phrases
Act of Parliament action admiffible admitted afterwards againſt alfo anfwer assumpsit Baron Gilbert becauſe bill Blac Burr cafe caufe cauſe Ch.II cited codicil conclufive contract copy Courts of Equity Cowp debt declaration deed defendant dence depofitions difpute Dougl ejectment entry examined execution fact faid fame feal feems fendant fentence fhall fhew fhould fome ftate fubject fuch fuit fworn Gilb give evidence given in evidence hand writing held himſelf husband iffue inftances inftrument intereft judgment jury Justice land liable Lord Kenyon Lord Mansfield marriage ment muft muſt neceffary non est factum notice oath obferved Omichund parol evidence party payment Peake's perfon permitted plaintiff plea pleaded prefumption profecution proof prove purpoſe queftion reafon received Record rule Salk ſhall shew Statute Statute of Frauds Stra sufficient teftimony tenant testator thefe third person thofe tion trial verdict Vide whofe wife witnefs witness writ
Popular passages
Page 211 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 338 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Page 210 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 378 - ... and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn or obliterated, by the testator, or...
Page 16 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 241 - ... to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants in an action on the case, for the use and occupation of what was so held or enjoyed...
Page 210 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 310 - So in the case of tenants in common : the possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title...
Page 378 - that no devise, in writing, of lands, tenements, or hereditaments, nor any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same...
Page 322 - ... in ejectment for the recovery of the demised premises; or, in case the same cannot be legally served, or no tenant be in actual possession of the premises, then...