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action admissible admitted alleged allowed amount appear apply authority bill Bing brought called Camp cause character charge circumstances cited claim common conclusive confession consequently considered contained contract course Court decide decision deed defendant direct distinction document Dowl East effect evidence examination existence fact give given ground held indictment instance intent interest issue Jackson Jones judge judicial jury justice land Lord Lord Ellenborough matter means nature necessary notice objection observed opinion Parke particular party payment person plaintiff plea pleaded possession practice presumed presumption principle prisoner proceedings produce proof proved question reasonable received recognised record reference rejected relating render Reports respecting rule Scott seal seems Smith statement statute sufficient taken testimony tion trial truth unless Vict vols witness written
Page 494 - ... 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 470 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 493 - ... 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...
Page 564 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 495 - ... shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Page 99 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 216 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 24 - It is the duty of the court to instruct the jury as to the law; and it is the duty of the jury to follow the law, as it is laid down by the court.
Page 494 - ... person, or any person claiming through him, to make an entry or distress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.