A Treatise on the Law of Evidence |
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Page 37
... question in that case was , whether a person , who had been employed as broker by the plaintiff in procuring the policy to be sub- scribed by the defendant , and had afterwards himself sub- scribed the policy as assurer , was a ...
... question in that case was , whether a person , who had been employed as broker by the plaintiff in procuring the policy to be sub- scribed by the defendant , and had afterwards himself sub- scribed the policy as assurer , was a ...
Page 45
... question is , whether in a particular parish or vill certain things are generally exempted from tithes , or subject only to a modus , no persons who would be subject to tithes , if the parson's claim were to be allowed , can give ...
... question is , whether in a particular parish or vill certain things are generally exempted from tithes , or subject only to a modus , no persons who would be subject to tithes , if the parson's claim were to be allowed , can give ...
Page 49
... question of interest , which now is often a question of difficulty , would be greatly narrowed . Lord Kenyon seems disposed to consider this rule as the only true test of competency . In the case of Bent v . Baker ( 3 ) , he says , " it ...
... question of interest , which now is often a question of difficulty , would be greatly narrowed . Lord Kenyon seems disposed to consider this rule as the only true test of competency . In the case of Bent v . Baker ( 3 ) , he says , " it ...
Page 52
... question was , whether goods , which had been taken in execu- tion in a suit against A. B. , belonged to him or to the Plain- tiff , A. B. was not allowed to be witness for the defendant to prove the goods his property , since he would ...
... question was , whether goods , which had been taken in execu- tion in a suit against A. B. , belonged to him or to the Plain- tiff , A. B. was not allowed to be witness for the defendant to prove the goods his property , since he would ...
Page 54
... question as to the competency of the witness ( 2 ) . In this case , the partner who drew the bill would have been liable to the plaintiff to the amonnt of his debt , if the plaintiff had failed in the action , and if the plaintiff had ...
... question as to the competency of the witness ( 2 ) . In this case , the partner who drew the bill would have been liable to the plaintiff to the amonnt of his debt , if the plaintiff had failed in the action , and if the plaintiff had ...
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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.