A Compendium of the Law of Evidence |
From inside the book
Results 1-5 of 97
Page 5
... called upon to give that evidence which can only be circumftantial , till fome evidence has been given to prove the fact alleged . This general rule , however , is liable to exception in cafes where a man is charged with not doing an ...
... called upon to give that evidence which can only be circumftantial , till fome evidence has been given to prove the fact alleged . This general rule , however , is liable to exception in cafes where a man is charged with not doing an ...
Page 6
... called in queftion , unlefs put in iffue by the very pro- ceeding itfelf , for every caufe is to be decided on its own circumftances , and not to be pre- Goodright judiced by any matter foreign to it . There fore , in an ejectment by ...
... called in queftion , unlefs put in iffue by the very pro- ceeding itfelf , for every caufe is to be decided on its own circumftances , and not to be pre- Goodright judiced by any matter foreign to it . There fore , in an ejectment by ...
Page 9
... called them , had he not known that the fact depofed by one was con- fiftent with the truth . Mufcot . 10 Mod . There are two cafes indeed in which our law requires at leaft two witneffes ; viz . on indictments for perjury and for ...
... called them , had he not known that the fact depofed by one was con- fiftent with the truth . Mufcot . 10 Mod . There are two cafes indeed in which our law requires at leaft two witneffes ; viz . on indictments for perjury and for ...
Page 14
... called the Townend Piece , and that old people , deccafed , had faid that fuch was the boundary of the town ; but he would not suffer it to be proved that deceased perfons had faid that there were formerly houfes where none then ftood ...
... called the Townend Piece , and that old people , deccafed , had faid that fuch was the boundary of the town ; but he would not suffer it to be proved that deceased perfons had faid that there were formerly houfes where none then ftood ...
Page 18
... called as a witnefs . This however muft be understood as applicable only to mere admiffions of antecedent facts , and not to what an agent fays at the time he does an act in the regular courfe of his bufi- nefs , for , in the latter ...
... called as a witnefs . This however muft be understood as applicable only to mere admiffions of antecedent facts , and not to what an agent fays at the time he does an act in the regular courfe of his bufi- nefs , for , in the latter ...
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...