Trial Evidence: The Rules of Evidence Applicable on the Trial of Civil Actions : Including Both Causes of Action and Defenses at Common Law, in Equity and Under the Codes of Procedure, Volume 1 |
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Other editions - View all
TRIAL EVIDENCE, Volume 2 Austin 1831-1896 Abbott,John Kenneth Byard,James MacGregor B. 1857 Smith No preview available - 2016 |
Common terms and phrases
admissible affi'g allegation assignee assignment assignor authority Bank Barb cause of action certificate charter chose in action cited claim common law contract corporate existence court creditors death debt debtor deceased decedent declarations deed defendant dence directors domicile equity estopped estoppel executed executor extrinsic evidence fact facto fraud gift husband incorporation intention interest Iowa liable marriage Mass ment N. E. Rep N. J. Eq N. Y. App N. Y. Misc N. Y. Supp notice officer or agent organization parol evidence party person plaintiff poration presumed presumption presumption of death proof prove question record Redf residence rule seal shown Smith statute stockholder sued sufficient testator testify testimony tion transaction Trust ultra vires unincorporated association unless valid voluntary association Wend wife witness
Popular passages
Page 828 - When in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Page 827 - Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.
Page 213 - States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried : Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction \vith, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to...
Page 303 - 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 767 - When a person places himself in connection with the telephone system through an instrument in his office, he thereby invites communication, in relation to his business, through that channel. Conversations so held are as admissible in evidence as personal interviews by a customer with an unknown clerk in charge of an ordinary shop would be in relation to the business there carried on. The fact that the voice at the telephone was not identified does not render the conversation inadmissible.
Page 397 - Where there is nothing in the context of a will, from which it is apparent that a testator has used the words, in which he has expressed himself, in any other than their strict and primary sense, but his words, so interpreted, are 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 828 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 828 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.
Page 185 - Upon the trial of an action or the hearing upon the merits of a special proceeding, a party or a person interested in the event...
Page 641 - An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.