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 6
... proved by facts , not by opinion only ; and it must also be subject to the control of law . " - P . 1228. Lord Mansfield , however , with Denison and Foster , J.'s , rejected the testimony of witnesses to prove the usage , solely on the ...
... proved by facts , not by opinion only ; and it must also be subject to the control of law . " - P . 1228. Lord Mansfield , however , with Denison and Foster , J.'s , rejected the testimony of witnesses to prove the usage , solely on the ...
Page 7
... proved that circumstances " made a departure from the rule necessary ; and § 299 enacts , that if any damage to person or pro- perty arises from the non - observance by any ship of these rules , such damage shall be deemed to have been ...
... proved that circumstances " made a departure from the rule necessary ; and § 299 enacts , that if any damage to person or pro- perty arises from the non - observance by any ship of these rules , such damage shall be deemed to have been ...
Page 17
... proved in any court of justice , or before any person having by law or by consent of parties authority to hear , receive , and examine evidence , either by examined copies , or by copies authenticated as hereinafter mentioned ; that is ...
... proved in any court of justice , or before any person having by law or by consent of parties authority to hear , receive , and examine evidence , either by examined copies , or by copies authenticated as hereinafter mentioned ; that is ...
Page 21
... proved ; and it seems also , that , in practice , no proof is required of the handwriting of the keeper , or of the ... prove it if necessary , the acqui- escence of the opposite counsel amounts to little . In another case , the judges ...
... proved ; and it seems also , that , in practice , no proof is required of the handwriting of the keeper , or of the ... prove it if necessary , the acqui- escence of the opposite counsel amounts to little . In another case , the judges ...
Page 22
... prove facts , which may certainly be known from the invariable course of nature ; such as that a man is not the father of a child , where non - access is already proved until within six months of the woman's delivery ; neither is it ...
... prove facts , which may certainly be known from the invariable course of nature ; such as that a man is not the father of a child , where non - access is already proved until within six months of the woman's delivery ; neither is it ...
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 primā 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 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...