A Treatise on the Law of Evidence, Volume 1 |
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Page 29
... held under such release , and is not otherwise to be accounted for , there the recital will of itself , under such cir- cumstances , materially fortify the pre- sumption , from lapse of time and length of possession , of the original ...
... held under such release , and is not otherwise to be accounted for , there the recital will of itself , under such cir- cumstances , materially fortify the pre- sumption , from lapse of time and length of possession , of the original ...
Page 30
... held that the recital in the will , that the testator had conveyed the estate to David , was an estoppel of the heir to deny that fact , and bound the estate . In this case , the estoppel was set up by the tenant claiming under the ...
... held that the recital in the will , that the testator had conveyed the estate to David , was an estoppel of the heir to deny that fact , and bound the estate . In this case , the estoppel was set up by the tenant claiming under the ...
Page 36
... held , that the primâ facie presumption of law was that the husband survived . But the point was not much moved . It was also raised , but not disposed of , in Mohr- ing v . Mitchell , 1 Barb . Ch . R. 264. The subject of presumed ...
... held , that the primâ facie presumption of law was that the husband survived . But the point was not much moved . It was also raised , but not disposed of , in Mohr- ing v . Mitchell , 1 Barb . Ch . R. 264. The subject of presumed ...
Page 41
... held bound to prove this negative averment.1 In some cases , the presumption of innocence has been deemed sufficiently strong to overthrow the presumption of life . Thus , where a woman , twelve months after her husband was last heard ...
... held bound to prove this negative averment.1 In some cases , the presumption of innocence has been deemed sufficiently strong to overthrow the presumption of life . Thus , where a woman , twelve months after her husband was last heard ...
Page 60
... held , that if such change of the law is contemplated by the statute , the same is void . " S. C. 5 Gray , 185. [ * The question of the right of the jury to judge of the law in criminal cases has been a good deal discussed , both in ...
... held , that if such change of the law is contemplated by the statute , the same is void . " S. C. 5 Gray , 185. [ * The question of the right of the jury to judge of the law in criminal cases has been a good deal discussed , both in ...
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.