The Principles and Practice of the Law of Evidence
Butterworths, 1869 - 699 pages
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The Principles and Practice of the Law of Evidence
Edmund Powell,John Cutler,Edmund Fuller Griffin
No preview available - 2018
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according action admissible admitted affidavit agreement allowed amendment amount answer appear apply asked attorney authority bill called cause certified charge circumstances civil claim cloth common law Company competent consideration considered contained contract conviction copy course court criminal cross-examination damages deceased declaration deed defendant dence depositions direct document duty Edition effect entry equity evidence examination fact former give given ground held inadmissible indictment interest issue judge jury justice land Lord matter ment merely nature necessary notice oath object officer opinion oral original particular party person plaintiff practice present presumed principle prisoner proceeding produce proof proved purporting question Railway reasonable received record reference refuse relating respect rule seal signed stamp statement statute sufficient suit taken tendered third tion trial unless Vict witness writing written
Page 509 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter 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 620 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 378 - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 326 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 326 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Page 512 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 500 - 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 241 - 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 '• against you at your trial.
Page 508 - ... 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 437 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...