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 |
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Page 823
... taken out of the general rule requiring the contracts of corporations to be under seal ; and even before the East India Company ceased to be merchants , it was held , that the 1 Austral . Roy . Mail St. Nav . Co. v . Marzetti , 11 Ex ...
... taken out of the general rule requiring the contracts of corporations to be under seal ; and even before the East India Company ceased to be merchants , it was held , that the 1 Austral . Roy . Mail St. Nav . Co. v . Marzetti , 11 Ex ...
Page 824
... 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 necessity ; for , as a corporation would scarcely ...
... 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 necessity ; for , as a corporation would scarcely ...
Page 841
... taken by the § 920 surrenderor under the new arrangement , be or be not equivalent to that which he enjoyed under the surrendered term ; and , therefore , if a lessee for life , or for a long term of years , accepts from his landlord a ...
... taken by the § 920 surrenderor under the new arrangement , be or be not equivalent to that which he enjoyed under the surrendered term ; and , therefore , if a lessee for life , or for a long term of years , accepts from his landlord a ...
Page 843
... taken away ; though a sym- bolical surrender may perhaps be still recognised in certain cases as the basis of equitable relief . It would seem that this rule equally applies , whether the cancelled deed relates to things lying in livery ...
... taken away ; though a sym- bolical surrender may perhaps be still recognised in certain cases as the basis of equitable relief . It would seem that this rule equally applies , whether the cancelled deed relates to things lying in livery ...
Page 846
... taken place , would certainly let in all the dangers for avoiding which the statute was passed ; and here Lord Wensleydale is quite right in observing , that if this were the law , it would very seriously affect titles to long terms of ...
... taken place , would certainly let in all the dangers for avoiding which the statute was passed ; and here Lord Wensleydale is quite right in observing , that if this were the law , it would very seriously affect titles to long terms of ...
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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.