The Principles and Practice of the Law of EvidenceButterworths, 1859 - 475 oldal |
Részletek a könyvből
1 - 5 találat összesen 89 találatból.
iii. oldal
... ground for claiming the merit of originality in the treatment of them ; and I have no wish to advance any such claim . At the same time I may be permitted to disclaim all inten- tional plagiarism , and to state , that whenever I have ...
... ground for claiming the merit of originality in the treatment of them ; and I have no wish to advance any such claim . At the same time I may be permitted to disclaim all inten- tional plagiarism , and to state , that whenever I have ...
3. oldal
... ground for distrust lies in the possibility that the witness may be committing perjury ; and the experience of the profession , during the last few years , has added tenfold power to this deplorable hypothesis . The recent act of the 17 ...
... ground for distrust lies in the possibility that the witness may be committing perjury ; and the experience of the profession , during the last few years , has added tenfold power to this deplorable hypothesis . The recent act of the 17 ...
7. oldal
... ground either that there is no evidence , or merely a scintilla ; and it seems that when there is any sort of primâ facie presumption in a case , 3 or a condition of facts which does not clearly negative the supposition that there is ...
... ground either that there is no evidence , or merely a scintilla ; and it seems that when there is any sort of primâ facie presumption in a case , 3 or a condition of facts which does not clearly negative the supposition that there is ...
8. oldal
... shall be of the same effect as the verdict of a jury , 1 Jewsbury v . Newbold , 26 L. J. 247 , Ex . 2 21 & 22 Vict . c . 27 . 39 & 10 Vict . c . 95 , ss . 69 , 70 . save that it shall not be questioned upon the ground 8 LAW OF EVIDENCE .
... shall be of the same effect as the verdict of a jury , 1 Jewsbury v . Newbold , 26 L. J. 247 , Ex . 2 21 & 22 Vict . c . 27 . 39 & 10 Vict . c . 95 , ss . 69 , 70 . save that it shall not be questioned upon the ground 8 LAW OF EVIDENCE .
13. oldal
... ground that notice in the Gazette was notice to all the King's subjects and that it must be presumed that the captain knew of it . But it was refused : and Lord Tenterden in his judgment observed : - - " If the possibility or even ...
... ground that notice in the Gazette was notice to all the King's subjects and that it must be presumed that the captain knew of it . But it was refused : and Lord Tenterden in his judgment observed : - - " If the possibility or even ...
Gyakori szavak és kifejezések
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
Népszerű szakaszok
471. oldal - 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.
382. oldal - 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...
375. oldal - ... 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.
247. oldal - 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...
375. oldal - 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...
470. oldal - 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...
461. oldal - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
383. oldal - 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...
381. oldal - ... 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...
256. oldal - ... 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.