The Principles and Practice of the Law of EvidenceButterworths, 1892 - 791 pages |
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Page ix
... Jury III . - The Competency of Witnesses - The Competency of Parties to Civil Proceedings - The Incom- petency of Parties to Criminal Proceedings-- Matters not provable by a Single Witness— The Testimony of Accomplices IV . The Rule ...
... Jury III . - The Competency of Witnesses - The Competency of Parties to Civil Proceedings - The Incom- petency of Parties to Criminal Proceedings-- Matters not provable by a Single Witness— The Testimony of Accomplices IV . The Rule ...
Page 3
... jury , may , and constantly do , without the consciousness of the deponent , distort his evidence so far as to render it absolutely worth- less ; although it may be delivered with perfect calm- ness and consistency , and even remain ...
... jury , may , and constantly do , without the consciousness of the deponent , distort his evidence so far as to render it absolutely worth- less ; although it may be delivered with perfect calm- ness and consistency , and even remain ...
Page 9
... is sought to be enforced , and where the court sits to enforce it " ( 2 ) . ( 2 ) Bain v . Whitehaven Railway Co. , 10 H. L. Cas . 1 . CHAPTER II . THE FUNCTIONS OF JUDGE AND JURY . GENERAL PRINCIPLES . 9 Whitehaven Rail.
... is sought to be enforced , and where the court sits to enforce it " ( 2 ) . ( 2 ) Bain v . Whitehaven Railway Co. , 10 H. L. Cas . 1 . CHAPTER II . THE FUNCTIONS OF JUDGE AND JURY . GENERAL PRINCIPLES . 9 Whitehaven Rail.
Page 10
... jury ( a ) . THE meaning of this rule , which may be regarded as fundamental , is , that it is for the judge to ... jury if there were any evidence for their consideration . Where there is merely a scintilla of evidence a judge ought not ...
... jury ( a ) . THE meaning of this rule , which may be regarded as fundamental , is , that it is for the judge to ... jury if there were any evidence for their consideration . Where there is merely a scintilla of evidence a judge ought not ...
Page 11
... jury on the ground either that there is no evidence , or merely a scintilla ; and it seems that when there is any sort of primâ facie presumption in a case ( d ) , or a condition of facts . which does not clearly negative the ...
... jury on the ground either that there is no evidence , or merely a scintilla ; and it seems that when there is any sort of primâ facie presumption in a case ( d ) , or a condition of facts . which does not clearly negative the ...
Common terms and phrases
action admissible admitted affidavit agreement Amendment answer appears apply Beav bill of sale certificate charge client common law communication contract conviction copy court court of equity criminal proceeding cross-examination custody deceased declarations declarations against interest deed defendant dence depositions document dying declarations enacted entry equity estoppel examined extrinsic evidence fact fraud give evidence given hearsay held House of Lords husband inadmissible indictment interest interrogatories issue judge jury justice letter locus in quo Lord Lord Denman Lord Ellenborough manor marriage matter ment notice oath offence officer opinion parol party payment perjury person plaintiff presumed presumption primâ facie principle prisoner privilege produce proof proved purporting purpose question reasonable received rule seal secondary evidence sect solicitor stamp statement statute Statute of Frauds sufficient tenant testator thereof tion trial unless Vict wife writing written
Popular passages
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...