Albany Law Journal, Volume 28Weed, Parsons & Company, 1884 - Law |
From inside the book
Results 1-5 of 83
Page 4
... witness . Certainly , if the book itself cannot be used in evi- dence to the jury , the witness cannot be permitted to give extracts from it as evidence , depending upon * his memory for the correctness . The effect of the evidence ...
... witness . Certainly , if the book itself cannot be used in evi- dence to the jury , the witness cannot be permitted to give extracts from it as evidence , depending upon * his memory for the correctness . The effect of the evidence ...
Page 18
... witness was present with the parties face to face and heard their bargain . However , the cir- cumstances require much stronger proof to establish a contract than when the son had left his father's home , had done business for himself ...
... witness was present with the parties face to face and heard their bargain . However , the cir- cumstances require much stronger proof to establish a contract than when the son had left his father's home , had done business for himself ...
Page 27
... witness has any knowledge of facts . ILLUSTRATIONS . In an action at law , one B. , whose name is mentioned by witnesses in the cause of the trial is not produced as a witness . The jury have no right to presume any thing as to his ...
... witness has any knowledge of facts . ILLUSTRATIONS . In an action at law , one B. , whose name is mentioned by witnesses in the cause of the trial is not produced as a witness . The jury have no right to presume any thing as to his ...
Page 36
... witness . Evi- dence of this character , to test the value of the opinion of a witness who testifies as to the future value of land to be thereafter platted and sold in the shape of village lots , is clearly admissible . Recent sales ...
... witness . Evi- dence of this character , to test the value of the opinion of a witness who testifies as to the future value of land to be thereafter platted and sold in the shape of village lots , is clearly admissible . Recent sales ...
Page 41
... witnesses , but look for its definition in the dictionary . Whisky , according to Webster , is ' a spirit distilled ... witness , the court will take judicial notice that it means a malt and an intoxicating liquor , or such meaning will ...
... witnesses , but look for its definition in the dictionary . Whisky , according to Webster , is ' a spirit distilled ... witness , the court will take judicial notice that it means a malt and an intoxicating liquor , or such meaning will ...
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Common terms and phrases
action alleged amount appear assignment attorney authority bank bill bonds cause charge Chief Justice claim common law Constitution contract corporation counsel court of equity creditors damages debt debtor decided decision declared decree deed defendant doctrine duty easement entitled equity evidence execution exist fact fraud granted ground held husband injury intention interest Iowa Supreme Court JERSEY SUPREME COURT judge judgment jurisdiction jury L. T. Rep land lawyers liable license lien liquor Lord Lord Coleridge marriage ment mortgage negligence Opinion owner paid party payment person plaintiff plaintiff in error presumption principle promissory note purchase purpose question railroad company reason recover riparian riparian owners rule Smith statute Statute of Frauds statute of limitations suit Supreme Court surety testator tion trial trust United Wend wife witness words writ York
Popular passages
Page 314 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 311 - 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 238 - Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 134 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Page 330 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them ; the judicial shall never exercise the legislative and executive powers, or either of them, to the end it may be a government of laws, and not of men.
Page 50 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 77 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 351 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 331 - All judicial officers, duly appointed, commissioned and sworn shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
Page 120 - If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States and shall be incapable of holding any office of trust or profit under them or either of them.