A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Τόμος 1A. Maxwell & Son, 1848 - 1386 σελίδες |
Αναζήτηση στο βιβλίο
Αποτελέσματα 1 - 5 από τα 100.
Σελίδα lvi
... Trial TABLE OF CASES CITED . Neelson v . Sanborne Negelen. lvi PAGE PAGE Mee v . Reid Mechanics ' Bank of Alexandria ( The ) v . Bank of Columbia Mechelen v . Wallace Meddowcroft v . Huguenin Meeker v . Jackson Molton v . Harris 298 389 ...
... Trial TABLE OF CASES CITED . Neelson v . Sanborne Negelen. lvi PAGE PAGE Mee v . Reid Mechanics ' Bank of Alexandria ( The ) v . Bank of Columbia Mechelen v . Wallace Meddowcroft v . Huguenin Meeker v . Jackson Molton v . Harris 298 389 ...
Σελίδα 22
... trial , the judges thought that they ought to have been produced ( c ) . But in many other cases , the courts have them- selves made the necessary inquiries , and that too , without strictly confining their researches to the time of the ...
... trial , the judges thought that they ought to have been produced ( c ) . But in many other cases , the courts have them- selves made the necessary inquiries , and that too , without strictly confining their researches to the time of the ...
Σελίδα 23
... trial by jury depended upon the universal maxim , ad quæstionem juris non respondent juratores ; ad quæstionem facti non respondent judices ; " and his lordship added- " Where a question can be proved by the form of pleading , the ...
... trial by jury depended upon the universal maxim , ad quæstionem juris non respondent juratores ; ad quæstionem facti non respondent judices ; " and his lordship added- " Where a question can be proved by the form of pleading , the ...
Σελίδα 24
... trial , or a writ of error , as the nature of the jurisdiction of the particular court may require . Every person accused as a criminal has a right to be tried according to the law of the land , the fixed law of the land ; and not by ...
... trial , or a writ of error , as the nature of the jurisdiction of the particular court may require . Every person accused as a criminal has a right to be tried according to the law of the land , the fixed law of the land ; and not by ...
Σελίδα 25
... trial by collusion with the opposite party , the judge must decide on the existence of this fact ( i ) . In like manner , if the question be whether a docu- ment has been duly executed , or stamped ( j ) ; or whether it comes ( d ) ...
... trial by collusion with the opposite party , the judge must decide on the existence of this fact ( i ) . In like manner , if the question be whether a docu- ment has been duly executed , or stamped ( j ) ; or whether it comes ( d ) ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
9 Vict action admissible admitted Alderson alleged amendment appear assumpsit attorney Bayley Bench bill Bing Camp Chancery charge circumstances cited common law conclusive presumption confession Court held criminal Davies deceased declaration declarations against interest deed defendant document Dowl East entitled entries estopped estoppel examination fact favour guilty indictment indorsement instrument issue Jackson Jones judge JUDICIALLY NOTICED jury justice Lord Abinger Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius observed offence Parke particular party Patteson payment Peerage person plaintiff plea pleaded possession presumed presumption primâ facie principle prisoner proceedings produce proof proved purporting question reasonable received recognised rejected render Reports respecting rule Russ Scott seal secondary evidence Smith Stark statement statute sufficient Taunt Taylor tenant testimony Tindal tion trespass trial truth vols Williams witness
Δημοφιλή αποσπάσματα
Σελίδα 494 - ... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever...
Σελίδα 470 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Σελίδα 493 - ... 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...
Σελίδα 564 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Σελίδα 495 - ... shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
Σελίδα 99 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Σελίδα 216 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Σελίδα 24 - It is the duty of the court to instruct the jury as to the law; and it is the duty of the jury to follow the law, as it is laid down by the court.
Σελίδα 494 - ... person, or any person claiming through him, to make an entry or distress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
Σελίδα 72 - And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.