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according accused action admissible admitted allowed answer appear applied asked attendance authority called cause character charge circumstances Civil common competent conclusive confession consequence consideration considered conviction copy counsel course Court criminal cross-examination decision defendant deposition direct document effect entry established evidence examination exception excluded existence fact false follows former give given ground hand hearsay held instance interest issue judge judgment judicial jury justice knowledge leading letter Lord Magistrate matter means memory mind nature necessary oath objection observed offered Officer opinion ordinary original particular party person plaintiff possession practice present presumption principle prisoner proceedings produce proof proper prove provides question reason received record reference relation remarks Reports respect rule speaking statement sufficient suit summons supposed taken testimony thing tion trial true truth whole witness writing written
Page 497 - 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 388 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
Page 51 - ... 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 236 - ... but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him : provided always, that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit.
Page 141 - ... shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Page 77 - The whole goes upon that : declarations in the family, descriptions in Wills, descriptions upon monuments, descriptions in Bibles, and Registry Books, all are admitted upon the principle, that they are the natural effusions of a party, who must know the truth; and who speaks upon an occasion, when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 113 - 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 210 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 274 - 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 113 - ... 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 equally precluded from contesting its truth...