Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 1 |
From inside the book
Results 1-5 of 71
Page vi
... taken together OBJECT OF EVIDENCE . Evidence confined to the issue facts of which the court will take judicial notice evidence of collateral facts .. rights in other manors and places damage character plaintiff confined to his ...
... taken together OBJECT OF EVIDENCE . Evidence confined to the issue facts of which the court will take judicial notice evidence of collateral facts .. rights in other manors and places damage character plaintiff confined to his ...
Page 3
... taken . R. v . Hube , Peake , 132. Where the deposition of a witness in a case of misdemeanor was taken under 7 Geo . 4 , c . 64 , s . 3 , and the plaintiff in an action against the witness offered oral evidence of an ad- mission made ...
... taken . R. v . Hube , Peake , 132. Where the deposition of a witness in a case of misdemeanor was taken under 7 Geo . 4 , c . 64 , s . 3 , and the plaintiff in an action against the witness offered oral evidence of an ad- mission made ...
Page 7
... taken possession of his papers . Doe d . Richards v . Lewis , 11 C. B. 1035 ; 20 L. J. , C. P. 177. And where there were duplicate instruments executed , a search for both seems neces- sary ; ante , p . 4 . Secondary evidence of a bill ...
... taken possession of his papers . Doe d . Richards v . Lewis , 11 C. B. 1035 ; 20 L. J. , C. P. 177. And where there were duplicate instruments executed , a search for both seems neces- sary ; ante , p . 4 . Secondary evidence of a bill ...
Page 27
... between leases under seal and those not so , was taken by the court , and it was held that on a parol demise it 46 66 might be shown that " Lady Day " Oral Evidence - when admissible . 27 explain words having a statutory meaning.
... between leases under seal and those not so , was taken by the court , and it was held that on a parol demise it 46 66 might be shown that " Lady Day " Oral Evidence - when admissible . 27 explain words having a statutory meaning.
Page 37
... taken it away with the receipt indorsed : held that this was no evidence of payment by the defendant . Phillips v . Warren , 14 M. & W. 379 . Although a limitation of actions on bonds , & c . , is now provided for by stat . 3 & 4 Will ...
... taken it away with the receipt indorsed : held that this was no evidence of payment by the defendant . Phillips v . Warren , 14 M. & W. 379 . Although a limitation of actions on bonds , & c . , is now provided for by stat . 3 & 4 Will ...
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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.