The Principles and Practice of the Law of Evidence |
From inside the book
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Page 11
... circumstances show that the defen- dant was actuated by malice or not.1 Questions as to what is or is not a reasonable time for the performance of an act , are generally for the decision of the judge . 111 M. & W. 217 . 2 14 M. & W. 134 ...
... circumstances show that the defen- dant was actuated by malice or not.1 Questions as to what is or is not a reasonable time for the performance of an act , are generally for the decision of the judge . 111 M. & W. 217 . 2 14 M. & W. 134 ...
Page 12
... circumstances . There may be cases where the question of gross negligence is matter of law more than of fact ; and others where it is matter of fact more than of law . An action brought against an attorney for negligence turns upon ...
... circumstances . There may be cases where the question of gross negligence is matter of law more than of fact ; and others where it is matter of fact more than of law . An action brought against an attorney for negligence turns upon ...
Page 14
... circumstances , the jury must pronounce on the character and the fact ; but where the character of a fact depends on a latent scientific intention , there it is the duty of the jury to find the fact , and of the judge to declare its ...
... circumstances , the jury must pronounce on the character and the fact ; but where the character of a fact depends on a latent scientific intention , there it is the duty of the jury to find the fact , and of the judge to declare its ...
Page 16
... circumstances the jury pronounce the inference ; but when the evidence assumes a written form this function belongs to the judge . Thus when the question is whether a contract has been executed as an escrow , or not , if the question ...
... circumstances the jury pronounce the inference ; but when the evidence assumes a written form this function belongs to the judge . Thus when the question is whether a contract has been executed as an escrow , or not , if the question ...
Page 19
... circumstances . A new trial will also be granted if a jury misconduct them- selves , or if the judge be dissatisfied with their verdict ; and in civil proceedings the courts exercise a general discretion of granting new trials where the ...
... circumstances . A new trial will also be granted if a jury misconduct them- selves , or if the judge be dissatisfied with their verdict ; and in civil proceedings the courts exercise a general discretion of granting new trials where the ...
Common terms and phrases
15 Vict action admissible admitted adverse party affidavit agreement alleged allowed amendment answer appear apply attorney bill breach cause certified charge circumstances civil common law Common Law Procedure competent confession conviction courts of equity cross-examination custody deceased declaration declarations against interest deed defendant dence deposition doctrine document dying declarations enacted entry estoppel Exch extrinsic evidence fact give evidence given hearsay held inadmissible indictment interrogatories issue judge jury justice Lord Lord Campbell Lord Denman Lord Ellenborough magistrate marriage matter measure of damages ment nature necessary Nisi Prius oath officer Omichund oral evidence original payment perjury person Phill plaintiff plea pleaded presumed presumption primâ facie principle prisoner proof proved purporting question reasonable receipt received record refuse rule seal secondary evidence Sect signature signed stamp statement statute Statute of Frauds sufficient Tayl tenant tendered testator tion trial unless variance verdict witness writing written contract
Popular passages
Page 471 - 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 382 - 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 375 - ... interest, of, in, to, or out of any messuages, manors, lands, tenements or hereditaments, shall be assigned, granted, or surrendered, unless it be by deed, or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 247 - 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 375 - 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 470 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the Judge, prove adverse, 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...
Page 461 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 383 - 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...
Page 381 - ... 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 256 - ... from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.