A Treatise on the Law of Evidence, Volume 1 |
From inside the book
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Page 32
... defendant in ejectment estopped from showing that the party , under whom the lessor claims , had no title when he conveyed to the lessor , although the defendant himself claims from the same party , if it be by a subsequent conveyance ...
... defendant in ejectment estopped from showing that the party , under whom the lessor claims , had no title when he conveyed to the lessor , although the defendant himself claims from the same party , if it be by a subsequent conveyance ...
Page 39
... defendant , and nothing further is shown , the presumption of law is that it was malicious and an act of murder ; and that it was in- applicable to a case where the circumstan- ces attending the homicide were fully shown by the evidence ...
... defendant , and nothing further is shown , the presumption of law is that it was malicious and an act of murder ; and that it was in- applicable to a case where the circumstan- ces attending the homicide were fully shown by the evidence ...
Page 59
... defendant has a right , by himself or his counsel , to ad dress the jury , under the general superin- tendence of the court , upon all the mate- rial questions involved in the issue , and to this extent , and in this connection , to ...
... defendant has a right , by himself or his counsel , to ad dress the jury , under the general superin- tendence of the court , upon all the mate- rial questions involved in the issue , and to this extent , and in this connection , to ...
Page 62
... defendant warranted them to be , but that the defendant well knew that they were not.2 But it is not every immaterial or unnecessary allegation that is surplusage ; for if the party , in stat- ing his title , should state it with ...
... defendant warranted them to be , but that the defendant well knew that they were not.2 But it is not every immaterial or unnecessary allegation that is surplusage ; for if the party , in stat- ing his title , should state it with ...
Page 64
... defendant , being the acceptor of a bill of exchange , either knew that the name of the payee was fictitious , or else had given a general authority to the drawer , to draw bills on him payable to fictitious persons , evidence was ...
... defendant , being the acceptor of a bill of exchange , either knew that the name of the payee was fictitious , or else had given a general authority to the drawer , to draw bills on him payable to fictitious persons , evidence was ...
Common terms and phrases
action admissible admitted alleged allowed answer appear applied authority Bank bill Bing called Campb cause character charge circumstances cited claim common competent witness conclusive confession considered contract copy course court criminal Cush decision deed defendant dence deposition East effect evidence examination exception execution existence extended fact former give given Gray ground held intention interest issue Johns judge judgment jury justice land Lord Mass material matter meaning nature necessary notice oath objection observed offered officer opinion original parol evidence particular party person Phil Pick plaintiff practice presumed presumption principle produce proof proved question reason received record regard relation render rule seems Smith Stark Stat statute sufficient suit supra taken testify testimony thing tion trial truth United unless Wend wife writing written
Popular passages
Page 548 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 181 - Eyre to be this, — that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced, by the most powerful considerations, to speak the truth.
Page 324 - ... insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case to see whether the meaning of the words be sensible in any popular or secondary sense, of which with reference to these circumstances, they are capable.
Page 39 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 296 - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Page 493 - By means of it, the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclination and prejudices, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony...
Page 281 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 58 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the Court.
Page 312 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking was reduced to writing...
Page 329 - Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is, on the face of it, perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises, as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.