Powell's Principles and Practice of the Law of Evidence
Butterworths, 1885 - 732 pages
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according action admissible admitted agent agreement allowed Amendment answer appears apply asked authority bill called cause character charge circumstances claim common competent conclusive contained contract conviction copy course court criminal death deceased deed defendant depositions direct document duty effect entry established evidence examination execution existence fact former give evidence given ground held husband indictment intended interest issue judge judgment jury justice letter Lord matter meaning ment nature necessary notice oath object obtained officer opinion original particular party payment person plaintiff practice presumed presumption principle prisoner privilege proceedings produce proof proved purporting question reasonable received record reference refused relation respect rule seal signed solicitor stamp statement statute subsequent sufficient suit taken tendered tion trial unless Vict wife witness writing written
Page 416 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 404 - Lord one thousand six hundred seventy and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of , in, to or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 646 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 649 - ... admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the court or other proper person for such period and subject to such conditions as to the said court or...
Page 641 - ... 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.
Page 303 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence...
Page 416 - ... 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 411 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 42 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 420 - 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 said Enactments...