Powell's Principles and Practice of the Law of EvidenceButterworths, 1898 - 660 pages |
From inside the book
Results 1-5 of 70
Page 9
... judge ; but whether the evidence is satisfactory is a question for the jury ( a ) . THE meaning of this rule , which may be regarded as funda- mental , is , that it is for the judge to decide on the character of all evidence that may be ...
... judge ; but whether the evidence is satisfactory is a question for the jury ( a ) . THE meaning of this rule , which may be regarded as funda- mental , is , that it is for the judge to decide on the character of all evidence that may be ...
Page 10
... judge ( e ) , and the evidence has never been held to amount to a scintilla only in a case where a witness has positively sworn to some- thing having taken place within his own knowledge , by which , if it did take place , the case was ...
... judge ( e ) , and the evidence has never been held to amount to a scintilla only in a case where a witness has positively sworn to some- thing having taken place within his own knowledge , by which , if it did take place , the case was ...
Page 11
... judge to determine whether a witness be sane or insane ; whether dying declarations , in cases of homicide , are admis- sible evidence as having been made by the deceased in the expectation of immediate death ; whether secondary ...
... judge to determine whether a witness be sane or insane ; whether dying declarations , in cases of homicide , are admis- sible evidence as having been made by the deceased in the expectation of immediate death ; whether secondary ...
Page 12
... judge , for whose judgment one may have great respect , is true ; and , again , if the judge of first instance has had an opportunity of hearing the witnesses , and testing their credit by their demeanour under examina- tion and the ...
... judge , for whose judgment one may have great respect , is true ; and , again , if the judge of first instance has had an opportunity of hearing the witnesses , and testing their credit by their demeanour under examina- tion and the ...
Page 13
... judge of first instance " ( q ) . It is also the duty of the judge to instruct the jury in the rules of law , by which evidence in particular cases has to be weighed ; but in summing up a case to a jury the judge will , in his ...
... judge of first instance " ( q ) . It is also the duty of the judge to instruct the jury in the rules of law , by which evidence in particular cases has to be weighed ; but in summing up a case to a jury the judge will , in his ...
Common terms and phrases
action admissible in evidence admitted affidavit Amendment answer appear apply authority Beav cause or matter certificate charged circumstances common law competent contract conviction copy Court of Chancery court of equity court or judge cross-examination custody deceased declarations deed defendant deponent depositions documents dying declarations enacted entry estoppel examination execution fact give evidence given H. L. Cas hearsay held House of Lords husband inadmissible indictment inspection instrument interrogatories issue judgment judicial jury justice L. J. Ch L. J. Ex Lord Lord Ellenborough magistrate marriage ment oath objection offence officer opinion oral party payment person plaintiff possession presumed presumption primâ facie prisoner privilege proof proved purporting purpose question reasonable registrar rule seal secondary evidence sect signature signed solicitor stamp statement statute Statute of Frauds sufficient testator thereof tion trial United Kingdom unless Vict witness writing written
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...