Principles and Practice of the Law of Evidence
Butterworths, 1892 - 791 pages
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action admissible admitted agent agreement allowed Amendment answer appear apply asked authority bill called cause character charge circumstances claim client communication competent considered contained contract conviction copy course court criminal death deceased deed defendant depositions direct document effect entry established evidence examination execution existence fact former give given ground held husband indictment intended interest issue judge judgment jury justice knowledge land letter Lord marriage matter meaning ment nature necessary notice oath object obtained officer opinion original particular party payment person plaintiff presumed presumption principle prisoner privilege proceedings produce proof proved question reasonable received record reference refused relation respect rule seal signed solicitor statement statute subsequent sufficient suit taken tendered tion trial unless Vict wife witness writing written
Page 682 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 425 - 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 679 - ... 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 : provided always, that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit.
Page 679 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 444 - 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 709 - India warrants ; warehouse keepers' certificates ; warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of §§ « » °. goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Page 389 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Page 551 - Court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred...
Page 435 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 433 - 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...