A Treatise on the Law of Evidence |
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Page 33
... King's Bench held that the indorser of one of the notes ought not to be allowed to prove the consideration of the note usurious , on a supposed principle of public policy , " that no party who had signed a paper or deed shall ever be ...
... King's Bench held that the indorser of one of the notes ought not to be allowed to prove the consideration of the note usurious , on a supposed principle of public policy , " that no party who had signed a paper or deed shall ever be ...
Page 37
... King's Bench by writ of error from the Court of Com- mon Pleas ; a writ of error was afterwards brought to re- verse the judgment of that court , but was at length aban- doned ( 5 ) . It has always been considered a case of great ...
... King's Bench by writ of error from the Court of Com- mon Pleas ; a writ of error was afterwards brought to re- verse the judgment of that court , but was at length aban- doned ( 5 ) . It has always been considered a case of great ...
Page 39
... King's Bench determined that B was a competent witness and had been properly admitted to give evidence on the trial ; as he could not avail himself of the conviction of A in any civil proceedings between them either in law or equity ( 1 ) ...
... King's Bench determined that B was a competent witness and had been properly admitted to give evidence on the trial ; as he could not avail himself of the conviction of A in any civil proceedings between them either in law or equity ( 1 ) ...
Page 54
... King's Bench held that , in an action by such creditor against the acceptor , either of the partners might be called on the part of the defendant to prove that the partner , who drew the bill , had no authority to draw it in the name of ...
... King's Bench held that , in an action by such creditor against the acceptor , either of the partners might be called on the part of the defendant to prove that the partner , who drew the bill , had no authority to draw it in the name of ...
Page 67
Samuel March Phillipps. The case of the king against the inhabitants of Cliviger , which supports the two last ... King's Bench determined that she was not competent , for the reasons which have been mentioned . This case does not ...
Samuel March Phillipps. The case of the king against the inhabitants of Cliviger , which supports the two last ... King's Bench determined that she was not competent , for the reasons which have been mentioned . This case does not ...
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Common terms and phrases
act of parliament action admissible admitted in evidence afterwards agreement allowed answer appear assumpsit attestation bill Bull Burr Campb cause cited claimed commissioners common competent witness conclusive contract conviction copy court of Chancery Court of King's courts of equity Cowp criminal cross-examination debt deceased declarations deed defendant dence depositions entry examined execution fact felony Gilb give evidence given in evidence Gwill hand-writing held incompetent indictment inquisition interest issue judges judgment jury King's Bench Leach Cr Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield manor ment nisi prius non est factum oath objection offence opinion parish parol evidence party person plaintiff plea pleaded presumption principle prisoner proceedings produced proof prosecution prove question reason received record rejected rule Salk seal sentence shew shewn stat statute subscribing witness sufficient suit sworn Taunt testator testimony tion trespass trial verdict voire dire writ writing
Popular passages
Page 410 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 410 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 411 - That no contract for the sale of any goods, wares, and merchandises, 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, or give something in earnest to bind the bargain, or in part...
Page 171 - 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 345 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 410 - ... or upon any contract or sale of lands, tenements, or hereditaments, or 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, or some other person thereunto by him lawfully authorized.
Page 198 - ... it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the act, proof of what the person said at the time of doing it is admissible in evidence, for the purpose of showing its true character.
Page 405 - Subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 78 - But it is impossible to say a man is precluded from questioning or contradicting anything any person has asserted as to him, as to his conduct or his agreement, merely because that person has been an agent of his. If any fact, material to the interest of either party, rests in the knowledge of an agent, it is to be proved by his testimony, not by his mere assertion.
Page 386 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.