A Treatise on the Law of Evidence, Volume 1 |
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Page 67
... plaintiff's previous general maxim , " Nemo reus est , nisi mens sit rea ; " and the prevailing character of the ... plaintiff in- volved in the issue , where the action is on a policy of insurance against loss by fire , and the defence ...
... plaintiff's previous general maxim , " Nemo reus est , nisi mens sit rea ; " and the prevailing character of the ... plaintiff in- volved in the issue , where the action is on a policy of insurance against loss by fire , and the defence ...
Page 68
... plaintiff seems to be regarded as irrelevant , and there- fore inadmissible . Phil . & Am . on Evid . 488 , 489 ; Cornwall v . Richardson , Ry . & Mood . 305 ; Jones v . Stevens , 11 Price , 235 . In this last case it is observable ...
... plaintiff seems to be regarded as irrelevant , and there- fore inadmissible . Phil . & Am . on Evid . 488 , 489 ; Cornwall v . Richardson , Ry . & Mood . 305 ; Jones v . Stevens , 11 Price , 235 . In this last case it is observable ...
Page 71
... plaintiff sues , or of his title to damages , though sometimes superfluous , is generally descriptive in its nature , and requires proof.6 § 59. Secondly , as to those averments which the law pronounces formal , though , on general ...
... plaintiff sues , or of his title to damages , though sometimes superfluous , is generally descriptive in its nature , and requires proof.6 § 59. Secondly , as to those averments which the law pronounces formal , though , on general ...
Page 72
... plaintiff had no cause of action , as clearly as strict and full proof would do , it is sufficient . § 60. Thirdly , as to those averments , whose character , as being descriptive or not , depends on the manner in which they are stated ...
... plaintiff had no cause of action , as clearly as strict and full proof would do , it is sufficient . § 60. Thirdly , as to those averments , whose character , as being descriptive or not , depends on the manner in which they are stated ...
Page 73
... plaintiff set forth the price paid for the goods , without a videlicet , he was held bound to prove the exact sum ... plaintiff's re versionary interest in land , and it was alleged , that the close at the time of the injury , was , and ...
... plaintiff set forth the price paid for the goods , without a videlicet , he was held bound to prove the exact sum ... plaintiff's re versionary interest in land , and it was alleged , that the close at the time of the injury , was , and ...
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.