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
... ground that the question had already been solemnly settled by two adjudica- tions in the courts of law . See pp . 1224-1226 . ( r ) 1 Bl . Com . 76 ; Doe v . Scudamore , 2 Lord Ray . 1025 ; Co. Lit. 175 b ; Crosby v . Hetherington , 4 M ...
... ground that the question had already been solemnly settled by two adjudica- tions in the courts of law . See pp . 1224-1226 . ( r ) 1 Bl . Com . 76 ; Doe v . Scudamore , 2 Lord Ray . 1025 ; Co. Lit. 175 b ; Crosby v . Hetherington , 4 M ...
Page 15
... ground that such seals belong to Courts of the Law of Nations ( m ) . Whether the English judges would adopt this rule to its full extent is doubtful , although , on one occasion ( n ) , Lord Hale appears to have admitted a sentence of ...
... ground that such seals belong to Courts of the Law of Nations ( m ) . Whether the English judges would adopt this rule to its full extent is doubtful , although , on one occasion ( n ) , Lord Hale appears to have admitted a sentence of ...
Page 25
... be a foreign bill , and stamped accordingly , was objected to , on the ground that it was , in fact , an inland bill , and evidence was offered to prove this fact . Held that the 26 DUTIES OF JUDGE . from the right custody (
... be a foreign bill , and stamped accordingly , was objected to , on the ground that it was , in fact , an inland bill , and evidence was offered to prove this fact . Held that the 26 DUTIES OF JUDGE . from the right custody (
Page 47
... ground that English judges could not adopt a rule of evidence from foreign courts . Several other cases could be cited to the same effect ( r ) ; and in all , the distinction is recognised between the cause of action , which must be ...
... ground that English judges could not adopt a rule of evidence from foreign courts . Several other cases could be cited to the same effect ( r ) ; and in all , the distinction is recognised between the cause of action , which must be ...
Page 55
... ground of the credibility of evidence is afforded by the exercise of our reason upon the effect of coincidences in the testimony of independent witnesses . These coincidences , when suffi- ciently numerous , and presented to us in the ...
... ground of the credibility of evidence is afforded by the exercise of our reason upon the effect of coincidences in the testimony of independent witnesses . These coincidences , when suffi- ciently numerous , and presented to us in the ...
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Common terms and phrases
9 Vict action admissible admitted Alderson alleged amendment appear assumpsit attorney Bayley Bench bill Bing Camp Chancery charge circumstances cited common law conclusive presumption confession Court held criminal Davies deceased declaration declarations against interest deed defendant document Dowl East entitled entries estopped estoppel examination fact favour guilty indictment indorsement instrument issue Jackson Jones judge JUDICIALLY NOTICED jury justice Lord Abinger Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius observed offence Parke particular party Patteson payment Peerage person plaintiff plea pleaded possession presumed presumption primâ facie principle prisoner proceedings produce proof proved purporting question reasonable received recognised rejected render Reports respecting rule Russ Scott seal secondary evidence Smith Stark statement statute sufficient Taunt Taylor tenant testimony Tindal tion trespass trial truth vols Williams witness
Popular passages
Page 494 - ... 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 470 - The general principle on which this species of evidence is admitted is 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. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 493 - ... 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 564 - 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 495 - ... shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Page 99 - 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 216 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 24 - 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 494 - ... person, or any person claiming through him, to make an entry or distress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
Page 72 - And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.