A Treatise on the Law of Evidence, Volume 1 |
From inside the book
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Page 4
... proved . § 2. By competent evidence is meant that which the very nature of the thing to be proved requires , as the fit and appropriate proof in the particular case , such as the production of a writing , where its contents are the ...
... proved . § 2. By competent evidence is meant that which the very nature of the thing to be proved requires , as the fit and appropriate proof in the particular case , such as the production of a writing , where its contents are the ...
Page 7
Simon Greenleaf Isaac Fletcher Redfield. to prove itself , yet it may be proved as a fact by other competent testimony . And the existence of such unacknowledged government or State may , in like manner , be proved ; the rule being ...
Simon Greenleaf Isaac Fletcher Redfield. to prove itself , yet it may be proved as a fact by other competent testimony . And the existence of such unacknowledged government or State may , in like manner , be proved ; the rule being ...
Page 17
... proved and the fact which is in controversy ; constituting the third basis of evidence before stated . The facts proved are , in both cases , directly attested . In the former case , the proof applies immediately to the factum probandum ...
... proved and the fact which is in controversy ; constituting the third basis of evidence before stated . The facts proved are , in both cases , directly attested . In the former case , the proof applies immediately to the factum probandum ...
Page 18
... proved by that higher degree of evidence which the law demands . In civil cases , it is sufficient if the evidence , on the whole , agrees with and supports the hypothesis which it is adduced to prove ; but in criminal cases it must ...
... proved by that higher degree of evidence which the law demands . In civil cases , it is sufficient if the evidence , on the whole , agrees with and supports the hypothesis which it is adduced to prove ; but in criminal cases it must ...
Page 23
... proved to have been held by consent , ex- pressed by deed or other writing ; in cases of aquatic rights , ways , and other ease- ments , prima facie to twenty years ; and conclusively to forty years , unless proved in like manner , by ...
... proved to have been held by consent , ex- pressed by deed or other writing ; in cases of aquatic rights , ways , and other ease- ments , prima facie to twenty years ; and conclusively to forty years , unless proved in like manner , by ...
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.