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 807
... question is , what says the law , where a parol contract , which should have been under seal , has been executed by the one side before action . brought , so that the other has received the whole benefit of the consideration for which ...
... question is , what says the law , where a parol contract , which should have been under seal , has been executed by the one side before action . brought , so that the other has received the whole benefit of the consideration for which ...
Page 847
... question by no means clear ; though , on principle , it ought to extend to all agreements respecting rights of common , rights of way , grants of rent - charge , tolls , or licenses coupled with an interest , however trifling , in lands ...
... question by no means clear ; though , on principle , it ought to extend to all agreements respecting rights of common , rights of way , grants of rent - charge , tolls , or licenses coupled with an interest , however trifling , in lands ...
Page 849
... question , respecting which all the judges were once equally divided in opinion ; namely , whether contracts for the sale of stock or exchequer bills were within the Act . " § 951. The principal difficulties in interpreting what is ...
... question , respecting which all the judges were once equally divided in opinion ; namely , whether contracts for the sale of stock or exchequer bills were within the Act . " § 951. The principal difficulties in interpreting what is ...
Page 852
... question should it be necessary to refer to it for any collateral purpose ; ' and next , if it has been executed by one party , and the transaction be of such a nature as to admit of an action for use and occupation or in indebitatus ...
... question should it be necessary to refer to it for any collateral purpose ; ' and next , if it has been executed by one party , and the transaction be of such a nature as to admit of an action for use and occupation or in indebitatus ...
Page 878
... question of revival or non - revival from this cause , which under the old system was made to depend on the intention of the testator , as gathered from the circumstances of each particular case , ' can never again arise , excepting in ...
... question of revival or non - revival from this cause , which under the old system was made to depend on the intention of the testator , as gathered from the circumstances of each particular case , ' can never again arise , excepting in ...
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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.