A Treatise on the Law of Evidence: Civil trial evidence; particular actions, issues and parties

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Contents

Burden of proof
12
Alien enemy
14
Want of legal capacity to
15
Insufficient service Sec 1587 Misnomer
17
Nonjoinder of parties
18
Another action pending
19
Pendency of former action
22
Best and secondary evidence
23
Sec
24
Generally
36
CHAPTER LXXIX
56
CHAPTER LXXX
67
Admissions
84
Intent
95
CHAPTER LXXXIII
136
ASSUMPSIT
153
CHAPTER LXXXVI
176
Lien of third party cial condition of debtor
193
Eviction 1794 Evidence in particular classes 1790 DamagesLoss or destruction Generally 1791 DamagesNo loss or destruc 1795 Evidence in particul...
199
Kind or class of bailment tions
206
CHAPTER LXXXVIII
228
defense
241
CHAPTER LXXXIX
248
Consideration
254
Ownership
255
Bona fide holders
256
Possession
259
Indorsement
261
Circumstances attending exe cution
262
Indorsement
272
Presumptions in favor of sur
279
Parol evidence
292
Opinions
307
Impoteney and illhealth
317
CARRIERS OF PASSENGERS AND BAGGAGE
324
CHAPTER XCIII
339
Generally 1924 Several plaintiffs or defend
356
Generally 1939 Proof as to foreign corpora
364
Proof of corporate existence 1945 Corporate books as evidence
375
Certificates of incorporation against members
392
Burden of proof
394
Scope of chapter 1986 Earning capacity diminished
409
Injury from proper exercise of 1995 Wrongful death Proof
418
ASSAULT AND BATTERY
427
Nominal damages
428
Conditions
446
Earning capacity Impair 2006 Proof of damagesOpinions
466
Earning capacitySpecial em 2007 Proof of damagesOpinions
485
CHAPTER LXXXII
488
Circumstantial evidence 1886 Damages
489
bodily harm
497
Sec Sec 1592 Generally
504
Burden of proof
511
Questions of law or fact
514
Intent
521
Selecting form of action
522
Sec
523
Evidence of submission and 1666 Revocation
535
Secondary evidence of letters
537
PriceConsideration 2626 Documentary evidence
548
Declarations and admissions 1888 Financial condition of defend
549
CHAPTER CII
562
Satisfaction as well as accord 1599 Range and sufficiency of evi must be proved dence
629
Circumstantial evidence
631
Questions of law or fact 2469 AdmissionsEvidence gener
633
witnesses
635
Rule denied or limited 2165 Subsequent creditor
644
CHAPTER CXIII
654
of parties
659
Badges of fraud Illustra Duress
662
Burden of proof inal prosecution
667
Threats ment
676
Admissions and declarations
678
Liquidated and unliquidated elaims or demands iii
683
Presumptions 2203 Next of kinEnglish rule
692
Questions of law or fact 2207 Descendants
701
Absconding debtors
710
Soc
736
Burden of proofIn general 2270 Question of law or factIn
758
CHAPTER CIX
767
CHAPTER CX
785
Waiver by estoppelLimita 2382 Insurable interestImplied
786
External signs of violence
787
Contract of life insurance
797
Fraudulent intent to dispose
804
Burden on plaintiff 2334 Loss within terms of policy
805
Proof of valueGoods and value
811
CHAPTER CXI
814
Change of location vacation 2353 WaiverImplied from con
819
Fraud and duress 1835 Presentment and demand 1836 Waiver
842
Contract of life insurance 2398 Accident and casualty insur
853
LIBEL AND SLANDER
930
Privilege
936
MALICIOUS PROSECUTION
957
CHAPTER CXIV
973
Generally 2511 Defects in highwaysWhat
987
Questions of law or fact 1697 Justification
988
NUISANCE
1027
PartnershipDefinition 2559 Proof by holding outActs
1041
plaintiff must prove
1068
Protest and notice 1838 Notarys certificate 1839 Acceptance 1840 Payment
1073
CHAPTER CXIX
1087
CHAPTER CXX
1103
Proof of warrantiesBurden 2401 Injury or deathPresump
1118
Breach
1124
Request of plaintiff
1140
Burden of proofKinds of 2577 Presumptions
1143
RelevantCircumstances
1144
Other evidence for plaintiff 2637 Defenses
1145
Proximate cause
1146
Womans testimony 2640 Promise of marriage
1147
Character and reputation
1148
Pecuniary standing
1150
Usury 1842 Declarations and admissions
1154
Mitigation of damages
1164
Character or reputation 1700 Moderate castigavit
1184
Habit and course of dealing
1222
Degrees of kindredDetermi 2215 DeviseeDesignation by name
1224
Consideration
1242
Degrees of kindredComputa 2216 Similarity of nameNo proof
1254
Declarations and statements 2406 Voluntary exposureProof
1278
Statute of frauds
1308
Copyright

Common terms and phrases

Popular passages

Page 423 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 577 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 850 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 423 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 423 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 522 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 224 - ... submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate ; but no testimony given by him shall be offered in evidence against him in any criminal proceeding.
Page 887 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 865 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
Page 872 - ... was used in the policy in its ordinary, popular sense, as meaning 'happening by chance; unexpectedly taking place; not according to the usual course of things, or not as expected...