Powell's Principles and Practice of the Law of EvidenceButterworths, 1898 - 660 pages |
From inside the book
Results 1-5 of 82
Page 29
... admissibility in evidence of certain de- positions which had been made on oath by some Gentoos before a Chancery Commission ... admissible , subject to any observations as to its credibility . · • • The mode of administering an oath is ...
... admissibility in evidence of certain de- positions which had been made on oath by some Gentoos before a Chancery Commission ... admissible , subject to any observations as to its credibility . · • • The mode of administering an oath is ...
Page 44
... admissible witnesses , and , except when defendant , compellable to give evidence . " In an action against a husband for necessaries supplied to his wife when living apart from her , the defence being the wife's adultery , she is admissible ...
... admissible witnesses , and , except when defendant , compellable to give evidence . " In an action against a husband for necessaries supplied to his wife when living apart from her , the defence being the wife's adultery , she is admissible ...
Page 54
... admissible to explain , but not to contradict it . But if the writing be destroyed ; or if it cannot be found after diligent search ; or if an adverse party , in whose hands it is , refuses to produce it , after having received due ...
... admissible to explain , but not to contradict it . But if the writing be destroyed ; or if it cannot be found after diligent search ; or if an adverse party , in whose hands it is , refuses to produce it , after having received due ...
Page 55
... admissible . Thus , a written receipt is primâ facie evidence of payment ; but it is not the only evidence , because a written acknowledgment by a creditor that he has been paid is not necessarily better evidence than the oral evidence ...
... admissible . Thus , a written receipt is primâ facie evidence of payment ; but it is not the only evidence , because a written acknowledgment by a creditor that he has been paid is not necessarily better evidence than the oral evidence ...
Page 57
... admissible . In an action for infringement of copyright of a picture it was held unnecessary to produce the original picture to establish that the alleged copy was an infringement ( p ) . As fraud is the foundation of the rule by which ...
... admissible . In an action for infringement of copyright of a picture it was held unnecessary to produce the original picture to establish that the alleged copy was an infringement ( p ) . As fraud is the foundation of the rule by which ...
Common terms and phrases
action admitted affidavit agent agreement Amendment answer appear apply Beav bill of sale certificate charged client common law competent contract copy court courts of equity cross-examination custody debtor deceased declarations declarations against interest deed defendant depositions document dying declarations enacts entry equity estopped estoppel examined execution extrinsic evidence fact give evidence given H. L. Cas hearsay held House of Lords husband inadmissible indictment interest issue judge judgment jury L. J. Ch L. J. Ex liable Lord Lord Denman Lord Ellenborough marriage matter ment notice oath opinion oral evidence parol evidence party payment person plaintiff presumed presumption primâ facie evidence principle prisoner privilege produce proof proved purporting question received rule seal secondary evidence sect signature signed Smith solicitor statement Statute of Frauds sufficient tenant testator thereof tion trial unless Vict wife witness writing
Popular passages
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...