The Practice of the Law of Evidence |
From inside the book
Results 1-5 of 43
Page 5
... duty to estimate the credibility as well as the admissibility of evidence . Such is his position in Courts of Equity , and other jurisdictions which follow the practice of the Roman or civil law . Such also it is in the new County ...
... duty to estimate the credibility as well as the admissibility of evidence . Such is his position in Courts of Equity , and other jurisdictions which follow the practice of the Roman or civil law . Such also it is in the new County ...
Page 7
... duty ; and that he may be regarded as functus officio when he has laid the real issues , and the evidence that bears on them , before the jury , and stated the law that is applicable to them . But prac- tically this rule is not observed ...
... duty ; and that he may be regarded as functus officio when he has laid the real issues , and the evidence that bears on them , before the jury , and stated the law that is applicable to them . But prac- tically this rule is not observed ...
Page 8
... duty of the judge in all cases of general justice to tell the jury how to do right , though they have it in their power to do wrong , which is a matter entirely between God and their consciences . " A comprehensive and elaborate ...
... duty of the judge in all cases of general justice to tell the jury how to do right , though they have it in their power to do wrong , which is a matter entirely between God and their consciences . " A comprehensive and elaborate ...
Page 12
... duty of the jury to find the fact , and of the judge to declare its charac- ter and meaning . Thus in an action for goods sold and delivered , where the plea is infancy , and the replication that the goods are necessaries , the jury ...
... duty of the jury to find the fact , and of the judge to declare its charac- ter and meaning . Thus in an action for goods sold and delivered , where the plea is infancy , and the replication that the goods are necessaries , the jury ...
Page 13
... duty of the court to construe all written instruments ; if there are peculiar expressions used in it which have , in par- ticular places or trades , a known meaning attached to them , it is for the jury to say what the meaning of those ...
... duty of the court to construe all written instruments ; if there are peculiar expressions used in it which have , in par- ticular places or trades , a known meaning attached to them , it is for the jury to say what the meaning of those ...
Other editions - View all
Common terms and phrases
15 Vict action admissible admitted adverse party affidavit affirmation agreement amendment appear apply attorney authority bill Bing breach Camp chapter charge circumstances civil clerk Common Law competent confession conviction counsel Courts of Equity criminal proceeding cross-examination custody deceased declaration declarations against interest deed defendant deposition doctrine document dying declarations enacted entry estoppel examined copies Exch extrinsic evidence fact give evidence given hearsay held inadmissible indictment interest issue judge jury Lord Denman Lord Ellenborough Lord Tenterden magistrate marriage matter ment nature necessary Nisi Prius notice to produce oath offence officer Omichund oral evidence original payment perjury person Phill plaintiff plea pleading presumed presumption primâ facie principle prisoner proof proved purporting question reasonable receipt received record refuse rule seal secondary evidence signature signed stamp statement statute Statute of Frauds sufficient Tayl tendered testator thereof tion trial unless variance verdict witness writing written contract
Popular passages
Page 407 - 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 216 - 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 328 - ... or bring an action to recover such land or rent shall be deemed to have first accrued...
Page 398 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action or...
Page 325 - ... 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 402 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 217 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 405 - 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 326 - 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...
Page 154 - Judge shall certify that the Refusal to admit was reasonable ; and no Costs of proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is in the Opinion of the Master a Saving of Expense.