Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 1 |
From inside the book
Results 1-5 of 75
Page 5
... person ) to refuse it , it is unnecessary to go further and prove , by the client in person , that he objects . Phelps v . Prew , 3 E. & B. 430 ; 23 L. J. , Q. B. 140. See also Newton v . Chaplin , 10 C. B. 356 ; 19 L. J. , C. P. 374 ...
... person ) to refuse it , it is unnecessary to go further and prove , by the client in person , that he objects . Phelps v . Prew , 3 E. & B. 430 ; 23 L. J. , Q. B. 140. See also Newton v . Chaplin , 10 C. B. 356 ; 19 L. J. , C. P. 374 ...
Page 30
... person or thing intended , provided there be enough on the face of the will to justify the application of the evidence ; per cur . in Miller v . Travers , 8 Bing . 248-9 ; Charter v . Charter , L. R. , 2 P. & M. 315 ; L. R. , 7 H. L. ...
... person or thing intended , provided there be enough on the face of the will to justify the application of the evidence ; per cur . in Miller v . Travers , 8 Bing . 248-9 ; Charter v . Charter , L. R. , 2 P. & M. 315 ; L. R. , 7 H. L. ...
Page 41
... person last seised had gone abroad , that the reputation in the family was that he had died there , and that the witness had never heard in the family of his having been married , is pre- sumptive evidence of his death without issue ...
... person last seised had gone abroad , that the reputation in the family was that he had died there , and that the witness had never heard in the family of his having been married , is pre- sumptive evidence of his death without issue ...
Page 42
... person sailed in a ship bound for the West Indies , two or three years ago , and that the ship has not since been heard of , is presumptive evidence that the person is dead ; but the precise time of the death , if material , must depend ...
... person sailed in a ship bound for the West Indies , two or three years ago , and that the ship has not since been heard of , is presumptive evidence that the person is dead ; but the precise time of the death , if material , must depend ...
Page 46
... person's declaration , that his grandmother's maiden name was A. B. is admissible . Per Ld . Brougham , C. , Monkton v . Att . - Gen . , 2 Russ . & Myl . 158. Nor is it necessary that the fact declared should be in the personal ...
... person's declaration , that his grandmother's maiden name was A. B. is admissible . Per Ld . Brougham , C. , Monkton v . Att . - Gen . , 2 Russ . & Myl . 158. Nor is it necessary that the fact declared should be in the personal ...
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Common terms and phrases
Act of Parliament action admitted affidavit agreement answer Att.-Gen attesting witness attorney Bank Bank of England bill of exchange Bing Camp certificate Chancery claim contract court custody custom deceased declarations deed defendant defendant's depositions document Doe d duly duty entry estoppel examined copy Exch execution fact fraud grant handwriting held inadmissible indorsed instrument Insur issue judge judgment judicial notice jury land lease letter Lord manor marriage Nisi Prius non est factum notice to produce oral evidence original parish party payment Peerage person plaintiff pleadings possession presumed presumption probate proceedings promissory note proof purporting question receipt record rent rule seal secondary evidence sect signature signed Smith solicitor stamp Stamp Act Stark stat statute Statute of Frauds sufficient supra Taunt tenant testator thereof trial unless Vict vide post writing written
Popular passages
Page 140 - 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 351 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
Page 300 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 151 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Page 144 - 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...
Page 375 - The time and place of presentment; 2. The fact that presentment was made and the manner thereof; 3. The cause or reason for protesting the bill; 4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
Page 344 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 341 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 400 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 372 - ... 1. If sent by mail, it must be deposited in the postoffice in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter.