A Treatise on the Law of Evidence in the Courts of Equity |
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Page xxii
... [ Copies of Records . p . 410. ] Exemplifications . Ib . [ Signature of a Judge . p . 413. ] [ Probate copy of a Will , & c . p . 414. ] Letters Patent , Effect in Evidence of such . p . 415 . Deeds enrolled , [ not therefore records ...
... [ Copies of Records . p . 410. ] Exemplifications . Ib . [ Signature of a Judge . p . 413. ] [ Probate copy of a Will , & c . p . 414. ] Letters Patent , Effect in Evidence of such . p . 415 . Deeds enrolled , [ not therefore records ...
Page 40
... copy of it in the bag of his adversary's counsel . ( e ) Another v . Pugh , ibid . 96 ; Walker v . Wildman , see also Clagett v . Phillips , 2 Yo . & C. 82 , and Stark . Ev . 9th edit . Appendix , 1381 : et vide infra ] But the right of ...
... copy of it in the bag of his adversary's counsel . ( e ) Another v . Pugh , ibid . 96 ; Walker v . Wildman , see also Clagett v . Phillips , 2 Yo . & C. 82 , and Stark . Ev . 9th edit . Appendix , 1381 : et vide infra ] But the right of ...
Page 48
... copy of the lease , substituted the copy for the original , but did not place the copy in a better situation than the original would have been in , if it had been produced ; Ibid . ] ( b ) [ Vide supra , p . 47 , n . ( b ) , Order ...
... copy of the lease , substituted the copy for the original , but did not place the copy in a better situation than the original would have been in , if it had been produced ; Ibid . ] ( b ) [ Vide supra , p . 47 , n . ( b ) , Order ...
Page 71
... Copies . original depositions to the sworn or copying clerk , who makes e . Pering , 10 Sim . 179. As to cross ... copy or breviate thereof , before publication be thereof passed and copies thereof taken . Under pain , & c . " Sand ...
... Copies . original depositions to the sworn or copying clerk , who makes e . Pering , 10 Sim . 179. As to cross ... copy or breviate thereof , before publication be thereof passed and copies thereof taken . Under pain , & c . " Sand ...
Page 72
... copy of the depositions made for the opposite party , a copy of the interrogatories is added ; but the party who filed the interrogatories does not take a copy of them . ( a ) Each copy is signed by the Examiner , to authenticate it ...
... copy of the depositions made for the opposite party , a copy of the interrogatories is added ; but the party who filed the interrogatories does not take a copy of them . ( a ) Each copy is signed by the Examiner , to authenticate it ...
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Common terms and phrases
admissible admitted affidavit alleged allowed Anon answer apply attesting Beav bill cause certificate circumstances cited clerk commission commissioners common law copy counsel Court of Chancery Courts of Equity cross-examination declarations decree deed defendant demurrer dence depositions Dick documents Ecclesiastical Court examine witnesses Exchequer execution exhibits fact filed Gilb given granted ground handwriting hearing held House of Lords ibid impertinence instance interest interro interrogatories issue Judge judgment jury Lord Eldon Lord Ellenborough Lord Hardwicke Lord Mansfield matter ment motion necessary notice oath objection parol evidence party Peerage person plaintiff pleadings practice presumption proceedings produced proof proved publication question received record referred refused rule Russ Sand seal secondary evidence solicitor stat statute sufficient suit Swanst sworn taken testator testimony tion trial verdict Vern Vict vide infra vide supra vivá
Popular passages
Page 320 - Now therefore be it enacted, &c., that no person offered as a witness shall hereafter be excluded by reason of incapacity from crime (b) or interest (c) from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue joined, or of...
Page 404 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 427 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 457 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations...
Page 181 - Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void...
Page 181 - ... affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void...
Page 109 - If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of...
Page 294 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Page 315 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 156 - Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same...