The Practice of the Law of EvidenceLaw Times Office, 1856 - 427 pages |
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Page 92
... plaintiffs which had been lost by the defendant while in his custody as a gratuitous bailee , it was held that it was ... plaintiff . Now , in nineteen cases out of twenty , unless the court told the jury that the injurious consequences ...
... plaintiffs which had been lost by the defendant while in his custody as a gratuitous bailee , it was held that it was ... plaintiff . Now , in nineteen cases out of twenty , unless the court told the jury that the injurious consequences ...
Page 93
... plaintiff , and a rule for a new trial applied for , on the ground that notice in the Gazette was notice to all the King's subjects : and that it must be presumed that the captain knew of it . But it was refused : and Lord Tenterden in ...
... plaintiff , and a rule for a new trial applied for , on the ground that notice in the Gazette was notice to all the King's subjects : and that it must be presumed that the captain knew of it . But it was refused : and Lord Tenterden in ...
Page 127
... a criminal neglect of duty in not having done it ; the law presumes the affirmative , and throws the burthen of proving a negative on the other side . Thus , where the plaintiff declared that the ON PRESUMPTIVE EVIDENCE . 45.
... a criminal neglect of duty in not having done it ; the law presumes the affirmative , and throws the burthen of proving a negative on the other side . Thus , where the plaintiff declared that the ON PRESUMPTIVE EVIDENCE . 45.
Page 128
Edmund Powell. side . Thus , where the plaintiff declared that the de- fendant , who had chartered his ship , put on board a combustible article by which loss was occasioned , without due notice to the captain , it was held that the ...
Edmund Powell. side . Thus , where the plaintiff declared that the de- fendant , who had chartered his ship , put on board a combustible article by which loss was occasioned , without due notice to the captain , it was held that the ...
Page 129
... plaintiff , inasmuch as if the tendency of the libel was injurious to the plaintiff the defendant must be taken to have intended the consequence of his own act.2 In Bromage v . Prosser , 3 Bayley , J. , said , — " Malice in common ...
... plaintiff , inasmuch as if the tendency of the libel was injurious to the plaintiff the defendant must be taken to have intended the consequence of his own act.2 In Bromage v . Prosser , 3 Bayley , J. , said , — " Malice in common ...
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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.