A Compendium of the Law of Evidence |
From inside the book
Results 1-5 of 96
Page 5
... permitted ; the party whofe allegation is fo denied is in general re- quired to prove it ; for the negative not ad- Bul . N. P. mitting in its nature of direct proof , he who 293 . denies a fact , is not called upon to give that ...
... permitted ; the party whofe allegation is fo denied is in general re- quired to prove it ; for the negative not ad- Bul . N. P. mitting in its nature of direct proof , he who 293 . denies a fact , is not called upon to give that ...
Page 6
... permitted the devifee to call per- dem . Far v . Hicks . Winton Sum . Af- cor . Bul- Jer J. B. N. P. 295 . Doe de Stephen- fon v . Walker . 4 Elp . Cal . 50 . ( a ) In the former edition I ftated fome of the inftances ta which this rule ...
... permitted the devifee to call per- dem . Far v . Hicks . Winton Sum . Af- cor . Bul- Jer J. B. N. P. 295 . Doe de Stephen- fon v . Walker . 4 Elp . Cal . 50 . ( a ) In the former edition I ftated fome of the inftances ta which this rule ...
Page 8
... permitted to support his character , is by calling witneffes who have known him for a length of time , and who will fay , on their oaths , that his general cha- racter has always been good . If a man be indicted for treafon , for murder ...
... permitted to support his character , is by calling witneffes who have known him for a length of time , and who will fay , on their oaths , that his general cha- racter has always been good . If a man be indicted for treafon , for murder ...
Page 11
... permitted , Hearfay would be precluded from his benefit of crofs examination . The few inftances in which this general rule has been departed from , and in which hearsay evidence has been admitted , will be found , on examination , to ...
... permitted , Hearfay would be precluded from his benefit of crofs examination . The few inftances in which this general rule has been departed from , and in which hearsay evidence has been admitted , will be found , on examination , to ...
Page 13
... permitted to ftate what he has heard from dead perfons refpecting the reputation of the right ; but not to state facts of the exercife of it which the dead perfons faid they had feen : Thus in a cafe tried before Mr. Juftice Chambre ...
... permitted to ftate what he has heard from dead perfons refpecting the reputation of the right ; but not to state facts of the exercife of it which the dead perfons faid they had feen : Thus in a cafe tried before Mr. Juftice Chambre ...
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...