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 |
From inside the book
Results 1-5 of 100
Page 1020
... record to issue subpoenas into any part of England . At present , such Courts , though authorised to issue subpoenas , can only in general ' do so within their own jurisdiction . Subpoenas , therefore , which are granted by the clerk of ...
... record to issue subpoenas into any part of England . At present , such Courts , though authorised to issue subpoenas , can only in general ' do so within their own jurisdiction . Subpoenas , therefore , which are granted by the clerk of ...
Page 1027
... record is in custody , he is entitled to the writ for himself as much as for any other witness , provided that his evidence be necessary at the trial . § 1150. Before the passing of the statute 44 Geo . 3 , c . 102 , it was held that ...
... record is in custody , he is entitled to the writ for himself as much as for any other witness , provided that his evidence be necessary at the trial . § 1150. Before the passing of the statute 44 Geo . 3 , c . 102 , it was held that ...
Page 1082
... record of the judgment ; and such indorsement or entry shall be sufficient evidence that such witness was examined , in any subsequent proceedings in which the verdict or judgment shall be offered in evidence . ” 1 § 1214. These ...
... record of the judgment ; and such indorsement or entry shall be sufficient evidence that such witness was examined , in any subsequent proceedings in which the verdict or judgment shall be offered in evidence . ” 1 § 1214. These ...
Page 1083
... record or proceeding , unless it shall be shown to the satisfaction of the Court , or of the person having authority to take evidence as aforesaid , that such party has a substantial interest in such action or proceeding , and is not ...
... record or proceeding , unless it shall be shown to the satisfaction of the Court , or of the person having authority to take evidence as aforesaid , that such party has a substantial interest in such action or proceeding , and is not ...
Page 1086
... record , or any lessor of the plaintiff , or tenant of premises sought to be recovered in ejectment , or the landlord or other person in whose right any defendant in replevin may make cognizance , or any person in whose immediate and ...
... record , or any lessor of the plaintiff , or tenant of premises sought to be recovered in ejectment , or the landlord or other person in whose right any defendant in replevin may make cognizance , or any person in whose immediate and ...
Other editions - View all
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.