A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Volume 1 |
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Page 24
... conclusive evidence , in such suit or other proceedings , of the several matters therein contained and required to be ascertained thereby . " 1 Whyte v . Rose , 4 P. & D. 199 ; 3 Q. B. 495 , S.C. noticed , that by " the Kingdom of ...
... conclusive evidence , in such suit or other proceedings , of the several matters therein contained and required to be ascertained thereby . " 1 Whyte v . Rose , 4 P. & D. 199 ; 3 Q. B. 495 , S.C. noticed , that by " the Kingdom of ...
Page 34
... conclusive from those which are liable to be rebutted by counter evidence ; and again , dividing this latter class into those pre- sumptions upon which the jury are bound to act , in the absence of conflicting testimony , and those upon ...
... conclusive from those which are liable to be rebutted by counter evidence ; and again , dividing this latter class into those pre- sumptions upon which the jury are bound to act , in the absence of conflicting testimony , and those upon ...
Page 65
... conclusive , of insincerity and falsehood . " On the other hand , in the testimony of witnesses of truth there is a calmness and simplicity ; a naturalness of manner ; an unaffected readiness and copiousness of detail , as well in one ...
... conclusive , of insincerity and falsehood . " On the other hand , in the testimony of witnesses of truth there is a calmness and simplicity ; a naturalness of manner ; an unaffected readiness and copiousness of detail , as well in one ...
Page 79
... conclusive and disputable . § 62. Conclusive , or , as they are elsewhere termed , imperative , or absolute presumptions of law , are rules determining the quantity of evidence requisite for the support of any particular averment ...
... conclusive and disputable . § 62. Conclusive , or , as they are elsewhere termed , imperative , or absolute presumptions of law , are rules determining the quantity of evidence requisite for the support of any particular averment ...
Page 80
... conclusive evidence of the execu tion of such bargain and sale , or lease ; and a similar provision is contained in the old Irish Act of 9 Geo . 2 , c . 5 , § 6. So , under the Act of 11 & 12 Vict . c . 70 , all fines heretofore levied ...
... conclusive evidence of the execu tion of such bargain and sale , or lease ; and a similar provision is contained in the old Irish Act of 9 Geo . 2 , c . 5 , § 6. So , under the Act of 11 & 12 Vict . c . 70 , all fines heretofore levied ...
Common terms and phrases
16 Vict 20 Vict action admissible admitted Alderson alleged amendment appear Att.-Gen Bayley bill Bing Brown Camp cause Chancery charge circumstances cited Clark Common Law Common Pleas confession contract Court held Court of Chancery Courts of Equity criminal Davies deceased declaration declarations against interest deed defendant defendant's depositions document Dowl East enacts entries estoppel examination Exchequer fact indictment indorsed Ireland issue Jackson Jones judge judicial notice jury justice London Lord Brougham Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius Parke party Patteson payment Peer person plaintiff pleaded presumed presumption primâ facie prisoner proceedings produce proof proved purporting question Rail received in evidence recognised rejected render Reports respect rule Scott seal secondary evidence Smith Stark statement statute sufficient Taylor tenant testimony Tindal trial vols Williams witness
Popular passages
Page 54 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Page 604 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 581 - 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 684 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 119 - 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 417 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or writing of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...
Page 229 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Page 726 - ... and whatever the prisoner shall then say in answer thereto shall be taken down in writing and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the Justice or Justices purporting to sign...
Page 91 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 188 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...