Powell's Principles and Practice of the Law of Evidence
Butterworth, 1898 - 660 pages
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action admissible admitted affidavit agent agreement allowed Amendment answer appear apply asked attend authority bill called cause certificate character charged circumstances claim common competent contained contract conviction copy course court criminal cross-examination deceased deed defendant depositions direct documents duty effect entitled entry evidence examination execution existence fact give given ground held husband indictment inspection intended interest interrogatories issue judge judgment jury justice L. J. Ch letter Lord matter meaning nature necessary notice oath objection obtained officer opinion original particular party payment person plaintiff possession practice presumed presumption principle prisoner privilege proceedings produce proof proved purporting question reasonable received referred refuse relating respect rule seal signed solicitor stamp statement sufficient taken thereof tion trial unless Vict wife witness writing written
Page 360 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 333 - 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 557 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 364 - ... 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 220 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in 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 346 - Any Contract which if made between private Persons would by Law be valid although made by Parel only, and not reduced into Writing, may be made by Parol on behalf of the Company by any Person acting under the express or implied Authority of the Company...
Page 426 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact, make it ; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not ho has made such statement.
Page 264 - 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...
Page 372 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 373 - ... unless in the meantime some part of the principal money, or some interest thereon shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...