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Books Books 1 - 10 of 100 on The whole goes upon that; declarations in the family, descriptions in wills, descriptions....
" 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... "
A Treatise on the Law of Evidence - Page 175
by Samuel March Phillipps - 1815 - 520 pages
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Reports of Cases Determined at Nisi Prius, in the Courts of King's ..., Volume 1

Great Britain. Courts, John Campbell Baron Campbell - Law reports, digests, etc - 1816
...effusions of the mind of the party making them, and must have been made on an occasion 4&tt} his mind stood in an even position, without any temptation to exceed or fall short of the truth. Upon this principle it has been the general rule, as far back as my experience and know ledge go, to...
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The Justice of the Peace, and Parish Officer, Volume 4

Richard Burn, Sir George Chetwynd - Justices of the peace - 1820
...improbable that a description would be suffered to continue it" erroneous,) are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. PA/7/. Ev. 245. 246. Handwriting. As relating to the evidence of written instruments, the node of proving...
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A practical treatise on the law of evidence: and digest of proofs ..., Volume 3

Thomas Starkie, Theron Metcalf - Evidence (Law) - 1826
...the natural effusions of a party who must know the truth, and who speaks upon an .occasion when the mind stands in an even position, without any temptation to exceed or fall short of the truth. Proof by one of the family that a member of it went abroad many years ago, and was supposed to have...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 13

Francis Vesey - Law reports, digests, etc - 1827
...descriptions upon monuments, descriptions in Bibles, and Registry Books, all are admitted upon the praiciple, that they are the natural effusions of a party, who...any temptation to exceed or fall short of the truth. But there may be many circumstances, forming part of the tradition, which you would reject, taking...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 5

Virginia. Supreme Court of Appeals, Peyton Randolph - Law reports, digests, etc - 1827
...descriptions in wills, descriptions on monuments, descriptions in bibles and registry books; all, are admitted upon the principle that they are the natural...position, without any temptation to exceed or fall 1827. short of the truth. But, there may be many circumstan- f^"^ ces forming part of the tradition,...
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A Treatise on the Doctrine of Presumption and Presumptive Evidence: As ...

John Hubbersty Mathews - Presumptions (Law) - 1827 - 483 pages
...its being the natural effusion of a person, who having had opportunities to know the truth, speaks on an occasion when his mind stands in an even position,...any temptation to exceed or fall short of the truth (a). Declarations in contemplation of future controversy, though suspicious, are not however always...
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The Congregational magazine [formerly The London Christian instructor].

1829
...admitted in evidence. " The tradition," said Lord Eldon, in the case of Whitlocke versus Baker,t " must be from persons having such a connection with...stated, in the late case of the Berkeley peerage, when this subject was much discussed) that declarations made for the express purpose of being given...
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The American Jurist and Law Magazine, Volume 6; Volume 24

Law - 1843
...descriptions in wills, descriptions upon monuments, descriptions in bibles and registry books, all are admitted upon the principle that they are the natural...temptation to exceed or fall short of the truth."* 1 Hearsay as to marriage, time of birth, admitted ; the hearsay declarations of the mother denying...
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The Justice of the Peace and Parish Officer, Volume 1

Richard Burn, Joseph Chitty, Thomas Chitty - Forms (Law) - 1831
...improbable that a description would be suffered to continue if erroneous), are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. 1 Phill. Enid. 7 ed. 239. Ownership of Way, Estate, żjr.]] — In questions about a right of way,...
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A digest of the Law of Evidence: on the trial of actions at nisi prius

Henry Roscoe - Evidence (Law) - 1831 - 705 pages
...the natural effusions of a party who must know the truth, and who speaks upon an occasion where the mind stands in an even position without any temptation to exceed, or fall short of the truth. Per Lord Eldon, Whitelockev. Baker, 13 Ves. 514. Higliamv. Ridgway, 10 East, ISO. /!. NP 233. So a...
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