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 & Son, 1878 |
From inside the book
Results 1-5 of 78
Page 824
... action of trover , where goods have been wrongly taken by their agent , or from an action for money had and received , where they have wrongfully possessed themselves of money belonging to the plaintiff.5 This last exception rests on ...
... action of trover , where goods have been wrongly taken by their agent , or from an action for money had and received , where they have wrongfully possessed themselves of money belonging to the plaintiff.5 This last exception rests on ...
Page 825
... action , 1 and it certainly does not extend to cases of mere con- structive holding . § 982. In the application of the above rule , and its exceptions , § 900 the question has often been discussed , as to how far a distinction . can be ...
... action , 1 and it certainly does not extend to cases of mere con- structive holding . § 982. In the application of the above rule , and its exceptions , § 900 the question has often been discussed , as to how far a distinction . can be ...
Page 838
... action for a breach of any such term , notwithstanding the agreement is made void by the statute . § 1002. Although a parol lease for a longer period than the Act § 916 permits is inoperative as to its duration , still , if a tenant ...
... action for a breach of any such term , notwithstanding the agreement is made void by the statute . § 1002. Although a parol lease for a longer period than the Act § 916 permits is inoperative as to its duration , still , if a tenant ...
Page 868
... actions only , as are brought to recover damages for the non - performance of contracts , which are not to be performed on ... action can be brought on the parol agreement , it will not be void for all purposes ; for in the event of a ...
... actions only , as are brought to recover damages for the non - performance of contracts , which are not to be performed on ... action can be brought on the parol agreement , it will not be void for all purposes ; for in the event of a ...
Page 908
... action is brought ; and therefore , if there be two undisputed but entirely separate debts , a part payment within six years , not specifically appropriated , will not , as it seems , bar the statute as to either . * Moreover , it must ...
... action is brought ; and therefore , if there be two undisputed but entirely separate debts , a part payment within six years , not specifically appropriated , will not , as it seems , bar the statute as to either . * Moreover , it must ...
Other editions - View all
Common terms and phrases
action admissible admitted affidavit allowed appear apply attendance attesting authorised Beav bill Bing cause certificate Chancery Chancery Division cited clerk commissioners common law competent contract court Court of Chancery criminal cross-examination custody deed defendant Denman deposited documents Dowl duly Ellenborough enacts enrolled entry examined execution fact give evidence granted held indictment inspection instrument Ireland issue judge judgment judicially noticed jury justice Law Rep Lord magistrate marriage matter ment Nisi Prius notice oath offence Parke parol evidence party payment perjury person plaintiff primâ facie prisoner probate proceedings produce proof prosecution proved purporting purpose Queen's Bench Division question recognised record registrar respect rule Scotland seal signature signed Smith solicitor statute Statute of Frauds subpoena summons Swab sworn Tenterden testator testimony thereof Tindal tion trial Trist warrant witness writ writing
Popular passages
Page 881 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) 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, but no form of attestation...
Page 829 - Any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the company in writing, signed by any person acting under the express or implied authority of the company, and such contract may in the same manner be varied or discharged.
Page 849 - June (1677) 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 1179 - 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 1217 - 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 894 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Page 852 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 898 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the will...
Page 1336 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 913 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.