Powell's Principles and Practice of the Law of EvidenceButterworths, 1885 - 732 pages |
From inside the book
Results 1-5 of 87
Page 5
... facts are beyond dispute , and to examine which of the two cases best accords with those facts , according to the ordinary course of human affairs and the usual habits of life " ( e ) . It is universally the object of courts to obtain ...
... facts are beyond dispute , and to examine which of the two cases best accords with those facts , according to the ordinary course of human affairs and the usual habits of life " ( e ) . It is universally the object of courts to obtain ...
Page 7
... facts proved must be consistent with the theory ; but there must also be some one substantial , credible fact inconsistent with the contrary " ( k ) . Hence it has been decided , that since there can be no larceny of goods unless there ...
... facts proved must be consistent with the theory ; but there must also be some one substantial , credible fact inconsistent with the contrary " ( k ) . Hence it has been decided , that since there can be no larceny of goods unless there ...
Page 12
... fact , and to distinguish for them questions of law from those of fact ; to decide on the com- petency of witnesses ; to examine them as to their religious belief , before they are admitted to be sworn ; and to decide whether or not the ...
... fact , and to distinguish for them questions of law from those of fact ; to decide on the com- petency of witnesses ; to examine them as to their religious belief , before they are admitted to be sworn ; and to decide whether or not the ...
Page 14
... fact , it is found to be impossible to declare the former without revealing opinions as to the latter . It is , of course , often an important and difficult question whether a point is properly matter for the decision of the judge or ...
... fact , it is found to be impossible to declare the former without revealing opinions as to the latter . It is , of course , often an important and difficult question whether a point is properly matter for the decision of the judge or ...
Page 16
... fact , and others where it is matter of fact more than of law . An action brought against an attorney for negligence turns upon matter of law rather than fact . It charges the attorney with having undertaken to perform the business ...
... fact , and others where it is matter of fact more than of law . An action brought against an attorney for negligence turns upon matter of law rather than fact . It charges the attorney with having undertaken to perform the business ...
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Common terms and phrases
action admissible admitted affidavit agent agreement alleged Amendment answer appears apply Beav charge circumstances claim client common law communication confession contract conviction copy court Court of Equity criminal proceeding cross-examination deceased declarations deed defendant dence depositions document dying declarations entry equity estopped estoppel examination extrinsic evidence fact fraud give evidence H. L. Cas hearsay held House of Lords husband inadmissible indictment indorsed interest issue judge judgment jury justice locus in quo Lord Lord Campbell Lord Denman Lord Ellenborough manor marriage matter ment notice oath object opinion oral evidence parol party payment perjury person plaintiff pleaded presumed presumption primâ facie evidence principle prisoner privilege produce proof proved purporting question reasonable received rule seal secondary evidence sect solicitor stamp statement statute Statute of Frauds sufficient tenant tendered testator tion trial unless wife writing written
Popular passages
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...