A Treatise on the Law of Evidence |
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Page 2
... cause , under the penalty of 100l . to be forfeited to the king . And the stat . 5 Eliz . c . 9. s . 12 . gives an additional remedy by enacting , that , " if any per- son ( upon whom any process out of a court of record shall be served ...
... cause , under the penalty of 100l . to be forfeited to the king . And the stat . 5 Eliz . c . 9. s . 12 . gives an additional remedy by enacting , that , " if any per- son ( upon whom any process out of a court of record shall be served ...
Page 4
... cause appointed for one sitting be made a remanet , the subpoena must be re - sealed and re - served . ( 9 ) If a witness , who has been duly served with the writ , and has had a tender of the reasonable expences , omits to at- tend at ...
... cause appointed for one sitting be made a remanet , the subpoena must be re - sealed and re - served . ( 9 ) If a witness , who has been duly served with the writ , and has had a tender of the reasonable expences , omits to at- tend at ...
Page 11
... cause of any improper delay ( 3 ) . The rule will not be granted where the testimony of the witness is intended to set up an odious defence , ( as , that the plaintiff is slave to the defendant , and therefore could not recover in the ...
... cause of any improper delay ( 3 ) . The rule will not be granted where the testimony of the witness is intended to set up an odious defence , ( as , that the plaintiff is slave to the defendant , and therefore could not recover in the ...
Page 13
... cause of challenge against a juror , is not an objection to the competency of a witness ; a father is a competent witness for or against his son , and a master for his servant , or the servant for his master . Such exceptions may affect ...
... cause of challenge against a juror , is not an objection to the competency of a witness ; a father is a competent witness for or against his son , and a master for his servant , or the servant for his master . Such exceptions may affect ...
Page 14
... cause of incom- petency is interest . Either of these grounds of incom- petency will exclude the witness from giving ... causes of incompetency forms the subject of the four following chapters . First , as to incompetency for want of ...
... cause of incom- petency is interest . Either of these grounds of incom- petency will exclude the witness from giving ... causes of incompetency forms the subject of the four following chapters . First , as to incompetency for want of ...
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Other editions - View all
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.