The Principles and Practice of the Law of EvidenceButterworths, 1892 - 791 pages |
From inside the book
Results 6-10 of 80
Page 165
... deceased said at the instant , as to the cause of the accident , is clearly admissible " ( n ) . The distinction in all these cases lies in the con- sideration what is and what is not part of the original res gesta . If the words are ...
... deceased said at the instant , as to the cause of the accident , is clearly admissible " ( n ) . The distinction in all these cases lies in the con- sideration what is and what is not part of the original res gesta . If the words are ...
Page 166
... deceased , who had previously represented herself to the defendants as being in good health , had given a totally different account of her health to a witness . It was held that the witness might relate her con- versation with the deceased ...
... deceased , who had previously represented herself to the defendants as being in good health , had given a totally different account of her health to a witness . It was held that the witness might relate her con- versation with the deceased ...
Page 170
... deceased witnesses of competent knowledge , if made ante litem motam ( i . e . , before the litigated point has become the subject of controversy ) , and without reasonable suspicion of undue partiality or collusion , will be received ...
... deceased witnesses of competent knowledge , if made ante litem motam ( i . e . , before the litigated point has become the subject of controversy ) , and without reasonable suspicion of undue partiality or collusion , will be received ...
Page 172
... deceased neighbour as to the nature of the enjoyment of the respective rights ; but that a foundation for its reception must first be laid by proof of the actual enjoyment of the rights . Le Blanc , J. , said : - " How is the right to ...
... deceased neighbour as to the nature of the enjoyment of the respective rights ; but that a foundation for its reception must first be laid by proof of the actual enjoyment of the rights . Le Blanc , J. , said : - " How is the right to ...
Page 173
... deceased have been heard to say on those occasions . The rule generally adopted , upon questions either of prescription or custom , is this , that after a foundation is once laid of the right by proving acts of ownership , then the ...
... deceased have been heard to say on those occasions . The rule generally adopted , upon questions either of prescription or custom , is this , that after a foundation is once laid of the right by proving acts of ownership , then 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...