A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, 2. köideW. Maxwell, 1858 - 1675 pages |
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Page 798
... party accused . A man who has been guilty of a crime himself will always be able to relate the facts of the case , and if the confirmation be only on the truth of that history , without identifying the persons , that is really no ...
... party accused . A man who has been guilty of a crime himself will always be able to relate the facts of the case , and if the confirmation be only on the truth of that history , without identifying the persons , that is really no ...
Page 829
... party , " who is by law enabled to declare such trust ; " and that all grants and assignments of any such trust shall also be in writing , signed in the same manner . The statute does not require that the trust itself should be created ...
... party , " who is by law enabled to declare such trust ; " and that all grants and assignments of any such trust shall also be in writing , signed in the same manner . The statute does not require that the trust itself should be created ...
Page 837
... party to be charged , but merely that it should be signed . If , therefore , a party inserts his name , either at the beginning , or in the body , of a document , for the purpose of authenticating it , this will be equally valid with a ...
... party to be charged , but merely that it should be signed . If , therefore , a party inserts his name , either at the beginning , or in the body , of a document , for the purpose of authenticating it , this will be equally valid with a ...
Page 838
... parties ; for the Statute of Frauds only requires that it should be signed " by the party to be charged therewith , " that is , by the defendant , against whom the per- formance or damages are demanded . If it be said that , unless the ...
... parties ; for the Statute of Frauds only requires that it should be signed " by the party to be charged therewith , " that is , by the defendant , against whom the per- formance or damages are demanded . If it be said that , unless the ...
Page 888
... party to be charged therewith . " The ratification under this section is something distinct from a new promise ; and , according to the Court of Exchequer , " any written instrument signed by the party , which in the case of adults ...
... party to be charged therewith . " The ratification under this section is something distinct from a new promise ; and , according to the Court of Exchequer , " any written instrument signed by the party , which in the case of adults ...
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Common terms and phrases
15 Vict 21 Vict 9 Vict action admissible admitted affidavit allowed answer appear apply attendance attesting attorney authorised Barrister-at-Law Beav bill Bing cause certificate Chancery cited clause clerk commissioners common law compel contained contract conviction copy Court Court of Chancery Courts of Equity criminal cross-examination custody declaration deed defendant deposited documents Dowl enacts enrolled entitled equity examined execution fact give evidence granted held indictment inspection instrument intended Ireland issue judge judgment jury justice lease Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden marriage ment oath offence parish Parke parol evidence party payment person plaintiff prisoner probate proceedings produced proof proved purporting purpose question recognised record registrar respect rule seal signature signed statute Statute of Frauds subpoena suit summons sworn testator testimony therein thereof Tindal trial vols warrant witness writ writing
Popular passages
Page 859 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator and of each other but no form of attestation shall be necessary.
Page 1083 - The 2nd clause provides as follows, — that, " on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 1078 - ... by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 1128 - A -witness is allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing.
Page 1162 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 1098 - A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Page 1145 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that ho has made at other times a statement inconsistent with his present testimony...
Page 889 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 865 - ... circumstance that a blank space shall intervene between the concluding word of the will and the signature, • or by the circumstance that the signature shall be placed among the words of the testimonium...
Page 1377 - And he said, Who told thee that thou wast naked ? Hast thou eaten of the tree, whereof I commanded thee that thou shouldest not eat ? And the man said, The woman whom thou gavest to be with me, she gave me of the tree, and I did eat.