Powell's Principles and Practice of the Law of EvidenceButterworths, 1898 - 660 pages |
From inside the book
Results 1-5 of 82
Page 5
... the factum probandum . To give two simple illustrations : If a man be stabbed in a house , and ( 9 ) Wills on Circumstantial Evidence , p . 23 . another man be seen running from the house immediately after GENERAL PRINCIPLES . 5.
... the factum probandum . To give two simple illustrations : If a man be stabbed in a house , and ( 9 ) Wills on Circumstantial Evidence , p . 23 . another man be seen running from the house immediately after GENERAL PRINCIPLES . 5.
Page 11
... give evidence , he is convinced by proof of subsequent facts , and by observation of the witness's demeanour , that the latter is not competent , he may withdraw such evidence from the jury ( 0 ) . He has nothing whatever to do with the ...
... give evidence , he is convinced by proof of subsequent facts , and by observation of the witness's demeanour , that the latter is not competent , he may withdraw such evidence from the jury ( 0 ) . He has nothing whatever to do with the ...
Page 20
... give us fine barley and good weight " ; and the court held that , though the jury might be asked as to the mercantile meaning of the words " good " and " fine , " yet , after having found a distinction between them , they could not ...
... give us fine barley and good weight " ; and the court held that , though the jury might be asked as to the mercantile meaning of the words " good " and " fine , " yet , after having found a distinction between them , they could not ...
Page 24
... give evidence ( b ) either by signs , or through an interpreter , or in writing ( c ) . It has been laid down that " the presumption is always in favour of sanity , and there is no exception to this rule in the case of a deaf and dumb ...
... give evidence ( b ) either by signs , or through an interpreter , or in writing ( c ) . It has been laid down that " the presumption is always in favour of sanity , and there is no exception to this rule in the case of a deaf and dumb ...
Page 25
... give evidence ( i ) . 3. Infants . There is no period of legal discretion under which an infant is an incompetent witness . The rule by which an infant under seven years of age cannot commit a felony , because the law presumes him ...
... give evidence ( i ) . 3. Infants . There is no period of legal discretion under which an infant is an incompetent witness . The rule by which an infant under seven years of age cannot commit a felony , because the law presumes him ...
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...