Powell's Principles and Practice of the Law of EvidenceButterworth, 1904 - 621 pages |
From inside the book
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Page 6
... presumes or is asked to presume from these the factum probandum . To give two simple illustrations : If a man be stabbed in a house , and another man be seen running from the house immediately after , with a blood - stained sword in his ...
... presumes or is asked to presume from these the factum probandum . To give two simple illustrations : If a man be stabbed in a house , and another man be seen running from the house immediately after , with a blood - stained sword in his ...
Page 21
... presumed never likely to attain any ; and such a person is incap- able of giving evidence . Deaf and dumb persons ... presumption is always in favour of sanity , and there is no exception to this rule in the case of a deaf and dumb ...
... presumed never likely to attain any ; and such a person is incap- able of giving evidence . Deaf and dumb persons ... presumption is always in favour of sanity , and there is no exception to this rule in the case of a deaf and dumb ...
Page 46
... presumption that if inferior evidence is offered , when evidence of a better and more original nature is attainable , the substitution of the former for the latter arises either from fraud , or from gross negligence , which is ...
... presumption that if inferior evidence is offered , when evidence of a better and more original nature is attainable , the substitution of the former for the latter arises either from fraud , or from gross negligence , which is ...
Page 51
... presumption . In R. v . Burdett ( a ) , ABBOTT , C.J. , said : " A presumption of any fact is properly an inference of that fact from other facts that are known ; it is an act of reasoning : and much of human knowledge on all subjects ...
... presumption . In R. v . Burdett ( a ) , ABBOTT , C.J. , said : " A presumption of any fact is properly an inference of that fact from other facts that are known ; it is an act of reasoning : and much of human knowledge on all subjects ...
Page 53
... presumptions , or presump- tions of mixed law and fact . Conflicting presumptions . In connexion with the maxim of the law , " stabitur præsumptioni donec in contrarium probetur " ( e ) , comes the doctrine of con- flicting presumptions ...
... presumptions , or presump- tions of mixed law and fact . Conflicting presumptions . In connexion with the maxim of the law , " stabitur præsumptioni donec in contrarium probetur " ( e ) , comes the doctrine of con- flicting presumptions ...
Common terms and phrases
action admitted affidavit agent alleged Amendment answer appears apply Beav bill Bing charged claim client compellable contract copy court Cox C. C. criminal cross-examination custody debtor deceased declarations deed defendant document dying declarations entry equity estopped estoppel examined fact fraud give evidence ground H. L. Cas hearsay held House of Lords husband inadmissible indictment intended interest issue judge judgment jury justice L. J. Ch L. J. Ex letter liable litigation locus in quo Lord Lord ELLENBOROUGH manor marriage matter ment notice oath offence opinion parol party payment perjury person plaintiff presumed presumption prima facie principle prisoner privilege proceedings produce proof proved purporting purpose question Rail rebut received refuse rule seal secondary evidence solicitor statement Statute Statute of Frauds subsequent sufficient tenant testator tion trial ubi supra unless Vict wife witness writing written
Popular passages
Page 355 - ... 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 566 - Judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the Court or Judge may think reasonable...
Page 27 - ... the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.
Page 344 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 529 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 419 - ... 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 having the custody of the records of the Court where the offender was...
Page 455 - ... purport to be signed by the justice by or before whom the same purports to have been taken...
Page 351 - Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby; and that where there shall be Two or more Joint Contractors, or Executors or Administrators of any Contractor, no such Joint Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or Ch.
Page 243 - Any party, by notice in writing, at any time not later than ten days before the term or day for which notice of trial has been given, may call on any other party to admit, for the purposes of the cause, matter or issue only, any specific fact or facts mentioned in such notice.
Page 566 - Judge may think reasonable, or that any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before a commissioner or examiner ; provided that, where it appears to the Court or Judge that the other party...