The Principles and Practice of the Law of Evidence |
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Page iv
Edmund Powell. 釁 PREFACE TO THE THIRD EDITION . cases . IN preparing On the Rule that the best Evidence must given-On Primary and Secondary Evi- dence.
Edmund Powell. 釁 PREFACE TO THE THIRD EDITION . cases . IN preparing On the Rule that the best Evidence must given-On Primary and Secondary Evi- dence.
Page v
... dence adopted by the Court of Chancery . As there exists at present no modern work devoted exclusively to these subjects , this alteration may give the edition greater value to the practitioner for use not only in -On Presumptive Evidence.
... dence adopted by the Court of Chancery . As there exists at present no modern work devoted exclusively to these subjects , this alteration may give the edition greater value to the practitioner for use not only in -On Presumptive Evidence.
Page vii
... dence .. V. - On Presumptive Evidence VI . - On Evidence in matters of Opinion VII . - On Privileged Knowledge and Communica- tions VIII . - On Hearsay Evidence IX . - On Hearsay in matters of Public and General Interest X. - On ...
... dence .. V. - On Presumptive Evidence VI . - On Evidence in matters of Opinion VII . - On Privileged Knowledge and Communica- tions VIII . - On Hearsay Evidence IX . - On Hearsay in matters of Public and General Interest X. - On ...
Page 2
... dence lies , therefore , exclusively between moral cer- tainty on the one hand , as its most perfect extreme , and moral possibility on the other , as its most imper- fect extreme . It does not look for more than the first , and it will ...
... dence lies , therefore , exclusively between moral cer- tainty on the one hand , as its most perfect extreme , and moral possibility on the other , as its most imper- fect extreme . It does not look for more than the first , and it will ...
Page 3
... dence , which are nominally inferior . Ignorance , pas- sion , prejudice , and other constitutional infirmities of the witness , which are far beyond the sight or conjec- ture of either a judge or jury , may , and constantly do ...
... dence , which are nominally inferior . Ignorance , pas- sion , prejudice , and other constitutional infirmities of the witness , which are far beyond the sight or conjec- ture of either a judge or jury , may , and constantly do ...
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The Principles and Practice of the Law of Evidence Edmund Powell,John Cutler,Edmund Fuller Griffin No preview available - 2018 |
Common terms and phrases
15 Vict action admissible admitted affidavit alleged amendment answer appear apply attorney authority bankruptcy Barrister at Law bill breach certified Chancery charge circumstances civil cloth common law Company competent contract conviction copy court Court of Chancery courts of equity cross-examination custody damages deceased declaration declarations against interest deed defendant dence depositions document dying declarations Edition enacted entry equity examination fact give evidence given hearsay held inadmissible indictment interest interrogatories issue judge jury justice Lincoln's Inn Lord Lord Denman Lord Ellenborough magistrate marriage matter ment Middle Temple notice oath officer Omichund oral evidence party person plaintiff plea pleaded practice presumed presumption primâ facie principle prisoner privilege produce proof proved purporting question Railway reasonable received record refuse rule seal secondary evidence stamp statement statute suit tenant testator tion treatise trial unless witness writing written
Popular passages
Page 509 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 620 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 378 - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 326 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 326 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Page 512 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 500 - 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 241 - 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 '• against you at your trial.
Page 508 - ... 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 437 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...