The Principles and Practice of the Law of Evidence |
From inside the book
Results 1-5 of 46
Page 7
... asked him to hold the horse for him for a few minutes . The thief escaped , and the innocent man was apprehended with the horse ( i ) . In such cases , and generally , it is well to bear in mind the recent language of a learned judge ...
... asked him to hold the horse for him for a few minutes . The thief escaped , and the innocent man was apprehended with the horse ( i ) . In such cases , and generally , it is well to bear in mind the recent language of a learned judge ...
Page 19
... asked as to the mercantile meaning of the words " good " and " fine , ” yet , after having found a distinction between them , they could not further decide that the parties did not misunderstand each other ; but were bound to take the ...
... asked as to the mercantile meaning of the words " good " and " fine , ” yet , after having found a distinction between them , they could not further decide that the parties did not misunderstand each other ; but were bound to take the ...
Page 52
... asked for this purpose are , which species is most original in its nature , and which is most likely to convey accurate information as to the matter in dispute . According to its proximity to or remoteness from the highest sources of ...
... asked for this purpose are , which species is most original in its nature , and which is most likely to convey accurate information as to the matter in dispute . According to its proximity to or remoteness from the highest sources of ...
Page 53
... asked whe- ther he had not occupied and paid rent for a tene- ment . The opposite counsel interposed , and asked if he had held under a written contract . It appeared that he had , and it was then submitted that the writing must be ...
... asked whe- ther he had not occupied and paid rent for a tene- ment . The opposite counsel interposed , and asked if he had held under a written contract . It appeared that he had , and it was then submitted that the writing must be ...
Page 60
... asked , and very properly asked , Do not courts of justice admit presumptive proof ? Do you expect ocular proof in all cases ? I take the rule to be this : If you have a criminal fact ascertained , you may then take presumptive proof to ...
... asked , and very properly asked , Do not courts of justice admit presumptive proof ? Do you expect ocular proof in all cases ? I take the rule to be this : If you have a criminal fact ascertained , you may then take presumptive proof to ...
Other editions - View all
The Principles and Practice of the Law of Evidence Edmund Powell,John Cutler,Edmund Fuller Griffin No preview available - 2018 |
Common terms and phrases
16 Vict action admissible admitted affidavit alleged amendment answer appear apply attorney authority bankruptcy Barrister at Law bill breach certified Chancery charge clerk cloth common law Company competent contract conviction copy court Court of Chancery courts of equity criminal cross-examination custody damages deceased declaration declarations against interest deed defendant dence depositions document dying declarations Edition enacted entry equity examination extrinsic evidence fact give evidence given hearsay held inadmissible indictment Inner Temple interest interrogatories issue judge jury justice Lincoln's Inn Lord Lord Denman Lord Ellenborough magistrate manor matter ment Middle Temple notice oath officer parol party payment person plaintiff plea pleaded practice presumed presumption primâ facie principle prisoner proceeding produce proof proved purporting question Railway reasonable received record rule seal secondary evidence signed Solicitors stamp statement statute suit tenant tion treatise trial unless witness writing written
Popular passages
Page 509 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 620 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 378 - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 326 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 326 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Page 512 - 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 500 - 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 241 - Having heard the evidence, do you wish to '' say anything in answer to the charge ? You are not obliged to " say anything unless you desire to do so ; but whatever you say '• will be taken down in writing, and may be given in evidence '• against you at your trial.
Page 508 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 437 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...