The Practice of the Law of EvidenceLaw Times Office, 1856 - 427 pages |
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Page 85
... contract under seal , the deed is primary evidence , and should be pro- duced to show the terms of the contract . As long as it exists , and can be obtained by reasonable diligence , no other written or oral evidence of its contents ...
... contract under seal , the deed is primary evidence , and should be pro- duced to show the terms of the contract . As long as it exists , and can be obtained by reasonable diligence , no other written or oral evidence of its contents ...
Page 94
... contracts generally ; and the jury is bound to follow his construction . In Hutchinson v . Bowker , 3 Parke , B. said : - 1 1 C. M. & R. 181. Judgment of Parke , B. 2 Harrison v . Fane , 1 M. & Gr . 553 . 35 M. & W. 535 . " The law I ...
... contracts generally ; and the jury is bound to follow his construction . In Hutchinson v . Bowker , 3 Parke , B. said : - 1 1 C. M. & R. 181. Judgment of Parke , B. 2 Harrison v . Fane , 1 M. & Gr . 553 . 35 M. & W. 535 . " The law I ...
Page 95
... contract was . " In that case , it was attempted to prove a contract , for the sale of barley , by letters , one of which offered good barley , and the other accepted the offer , " expecting you will give us fine barley and good weight ...
... contract was . " In that case , it was attempted to prove a contract , for the sale of barley , by letters , one of which offered good barley , and the other accepted the offer , " expecting you will give us fine barley and good weight ...
Page 119
... contract has been reduced to writing , the writing , as long as it exists , is the best and only evidence of the terms of the contract . Oral evidence is admissible to explain , but not to contradict it . But if the writing be destroyed ...
... contract has been reduced to writing , the writing , as long as it exists , is the best and only evidence of the terms of the contract . Oral evidence is admissible to explain , but not to contradict it . But if the writing be destroyed ...
Page 120
... contract.3 If it be in any degree of the essence and substance of the contract , then the writing must be produced ; e . g . , in a question of title , or where the terms of the tenancy are material.5 In the recent case of Yorke v ...
... contract.3 If it be in any degree of the essence and substance of the contract , then the writing must be produced ; e . g . , in a question of title , or where the terms of the tenancy are material.5 In the recent case of Yorke v ...
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Common terms and phrases
15 Vict action admissible admitted adverse party affidavit affirmation answer appear attorney bill Camp certificate CHAPTER charge circumstances clerk client common law competent conviction Courts of Equity criminal proceeding cross-examination custody damages deceased declarations declarations against interest deed defendant dence deponent deposition doctrine document dying declarations enacted entry estoppel examined copy extrinsic evidence fact former give evidence ground held husband inadmissible indictment indorsed interest issue judgment judicial jury learned judge locus in quo Lord Denman Lord Ellenborough Lord Tenterden magistrate manor marriage matter ment nature necessary notice oath officer Omichund oral evidence original payment pedigree perjury person Phill plaintiff presumed presumption principle prisoner produce proof proved purporting question reasonable receipt record rejected render rule seal secondary evidence Sect signature signed stamp statement statute Statute of Frauds subsequent sufficient Tayl tenant testator tion trial unless verdict witness writing written contract
Popular passages
Page 407 - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 393 - Court wherein his evidence shall he received, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 405 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge, or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following ; videlicet, " I, A. I!.,...
Page 406 - ... purporting to be signed by the clerk of the court, or other officer having the custody of the records of the court where the offender was convicted, or by the deputy of such clerk or officer, (for which certificate a fee of five shillings and no more shall be demanded...
Page 402 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 325 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 329 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 326 - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the...
Page 269 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 380 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.