Powell's Principles and Practice of the Law of Evidence |
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Page xii
... Writing - The Statutes of Frauds and of Limitations - Prescription VI . Inadmissibility of Extrinsic Evidence to con- tradict or vary Written Evidence VII . - Admissibility of Extrinsic Evidence to explain Written Evidence 354 377 392 ...
... Writing - The Statutes of Frauds and of Limitations - Prescription VI . Inadmissibility of Extrinsic Evidence to con- tradict or vary Written Evidence VII . - Admissibility of Extrinsic Evidence to explain Written Evidence 354 377 392 ...
Page 24
... writing , the construction is for the jury . Thus , on an indictment for writing a menacing letter , the ( d ) Gorrissen v . Perrin , 2 C. B. , N. S. 631 . ( e ) Ashworth v . Retford , L. R. , 9 C. P. 20 ; 43 L. J. , C. P. 57 . ( f ) ...
... writing , the construction is for the jury . Thus , on an indictment for writing a menacing letter , the ( d ) Gorrissen v . Perrin , 2 C. B. , N. S. 631 . ( e ) Ashworth v . Retford , L. R. , 9 C. P. 20 ; 43 L. J. , C. P. 57 . ( f ) ...
Page 64
... writing , the writing , as long as it exists , is the best and only evidence of the terms of the contract . Oral evidence is admissible to explain but not to contradict it . But if the writing be destroyed ; or if it cannot be found ...
... writing , the writing , as long as it exists , is the best and only evidence of the terms of the contract . Oral evidence is admissible to explain but not to contradict it . But if the writing be destroyed ; or if it cannot be found ...
Page 65
... writing and certified by the com- mitting magistrate , to be given in evidence against the prisoner , as long as the original witnesses can be produced before a jury , confronted with the prisoner , and subjected to the cross ...
... writing and certified by the com- mitting magistrate , to be given in evidence against the prisoner , as long as the original witnesses can be produced before a jury , confronted with the prisoner , and subjected to the cross ...
Page 67
... writing must be produced ; e . g . , on a question of title ( ) . The fact of the existence of a writing or of its execution may be proved without producing the writing ; but not any part of its contents ( i ) . In the case of Yorke v ...
... writing must be produced ; e . g . , on a question of title ( ) . The fact of the existence of a writing or of its execution may be proved without producing the writing ; but not any part of its contents ( i ) . In the case of Yorke v ...
Common terms and phrases
action admissible admitted affidavit agent agreement alleged Amendment answer appears apply authority Beav certificate charge claim client common law competent contract conviction copy court Court of Equity criminal proceeding cross-examination custody deceased declarations deed defendant dence depositions document dying declarations enacted entry equity estopped estoppel examination extrinsic evidence fact fraud give evidence H. L. Cas hearsay held House of Lords husband inadmissible indictment interest issue judge judgment jury justice locus in quo Lord Lord Campbell Lord Denman Lord Ellenborough manor marriage matter ment notice oath object opinion oral evidence parol party payment perjury person plaintiff pleaded presumed presumption principle prisoner privilege produce proof proved purporting question reasonable received rule seal secondary evidence sect solicitor stamp statement statute Statute of Frauds sufficient tenant tendered testator thereof tion trial unless wife witness writing written
Popular passages
Page 416 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 404 - 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 646 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 649 - ... admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the court or other proper person for such period and subject to such conditions as to the said court or...
Page 641 - ... contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 303 - 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...
Page 416 - ... 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 411 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 42 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 420 - That 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, whereby to take any Case out of the Operation of the said Enactments...