A Treatise on the Law of Evidence, Volume 1 |
From inside the book
Results 1-5 of 97
Page 6
... existence , and general public and external relations . The usual and appropriate symbols of nationality and sovereignty are the national flag and seal . Every sovereign , therefore , recognizes , and , of course , the public tribunals ...
... existence , and general public and external relations . The usual and appropriate symbols of nationality and sovereignty are the national flag and seal . Every sovereign , therefore , recognizes , and , of course , the public tribunals ...
Page 7
... existence of such unacknowledged government or State may , in like manner , be proved ; the rule being , that if a body of persons assemble together to protect themselves , and sup port their own independence , make laws , and have ...
... existence of such unacknowledged government or State may , in like manner , be proved ; the rule being , that if a body of persons assemble together to protect themselves , and sup port their own independence , make laws , and have ...
Page 11
... existence of a rule of practice in that department of the profession . And the United States Supreme Court resorted to the archives and public record - books of the United States to inform themselves of particular facts material to be ...
... existence of a rule of practice in that department of the profession . And the United States Supreme Court resorted to the archives and public record - books of the United States to inform themselves of particular facts material to be ...
Page 21
... existence of others , whether founded upon a mechanical and physical connection , or upon mere probability , depending upon moral evidence . ] § 14. THE general head of PRESUMPTIVE EVIDENCE is usually divided into two branches , namely ...
... existence of others , whether founded upon a mechanical and physical connection , or upon mere probability , depending upon moral evidence . ] § 14. THE general head of PRESUMPTIVE EVIDENCE is usually divided into two branches , namely ...
Page 24
... existence of malice was to be proved , as one of the facts in the case ; and , in the absence of malice , the offence was reduced to the de- gree of manslaughter , as at the common law . Id . v . 22 , 23. This very reasonable ...
... existence of malice was to be proved , as one of the facts in the case ; and , in the absence of malice , the offence was reduced to the de- gree of manslaughter , as at the common law . Id . v . 22 , 23. This very reasonable ...
Common terms and phrases
action admitted aliunde alleged answer attorney authority bill Bing Campb cause circumstances cited claim common law Commonwealth competent witness conclusive conclusive presumption confession Conn contract court courts of equity Cowen crime criminal cross-examination Cush declarations deed defendant dence deposition Earnley East estopped estoppel examination fact favor fraud Gray Greenl ground Hamp husband inadmissible incompetent indictment infra instrument interest issue Jackson Johns judge judgment jury justice Lord Lord Ellenborough Lord Tenterden Mass matter ment ness oath objection Omichund opinion parol evidence perjury person Phil Pick plaintiff presumed presumption principle prisoner proof proved question received record regard render Roman law rule Shepl Smith Stark Stat statute Statute of Frauds sufficient suit supra Taunt testator testify testimony tion trial verdict voir dire Wend wife words 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.