A Treatise on the Law of EvidenceGould, Banks & Gould, 1816 - 692 σελίδες |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 2
... seems to have been stated for making the distinction . The allowance of expenses in the case of foreign witnesses is ... seem , from the reported opinion of the present Chief Justice of the Court of Com- mon Pleas in the later case of ...
... seems to have been stated for making the distinction . The allowance of expenses in the case of foreign witnesses is ... seem , from the reported opinion of the present Chief Justice of the Court of Com- mon Pleas in the later case of ...
Σελίδα 4
... seem to show that the general rule is the same in the Common Pleas as in the Court of King's Bench . The witnesses , as well as the parties in the suit , are pro- tected by courts of justice , and privileged from arrest ( a ) , ( 1 ) 1 ...
... seem to show that the general rule is the same in the Common Pleas as in the Court of King's Bench . The witnesses , as well as the parties in the suit , are pro- tected by courts of justice , and privileged from arrest ( a ) , ( 1 ) 1 ...
Σελίδα 15
... seems to be no precise age fixed , at which infants are excluded from being * witnesses . At one time , indeed , their age was considered as the criterion of their competency ; and it was a general rule , that none could be admitted ...
... seems to be no precise age fixed , at which infants are excluded from being * witnesses . At one time , indeed , their age was considered as the criterion of their competency ; and it was a general rule , that none could be admitted ...
Σελίδα 18
... seems that it would have been regu- lar ; for if he had not believed in the gospels , how could he have been sworn upon them ? The administration of an oath in such a case would be merely nugatory ; and evi- dence would be given without ...
... seems that it would have been regu- lar ; for if he had not believed in the gospels , how could he have been sworn upon them ? The administration of an oath in such a case would be merely nugatory ; and evi- dence would be given without ...
Σελίδα 20
... seems questionable ; unless , indeed , it can be shown , that evidence requires less sanction in civil cases than in criminal , or that Quakers in making their solemn affirmation do not consider themselves under a strict religious ...
... seems questionable ; unless , indeed , it can be shown , that evidence requires less sanction in civil cases than in criminal , or that Quakers in making their solemn affirmation do not consider themselves under a strict religious ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
act of parliament action admissible afterwards answer appear assumpsit attestation Baron Gilbert bill Binney Bull Buller Burr Campb cause Chancery cited claimed common common law competent witness conclusive confession conviction copy Court of King's courts of equity Cowp criminal debt deceased declaration deed defendant defendant's dence depositions East P. C. entry examined execution fact fendant Gilb give evidence given in evidence ground Gwill hand-writing held incompetent indictment indorsement interest issue Johns judges judgment jury Justice King's Bench Leach Cr Lessee Lord Ellenborough Lord Kenyon Lord Mansfield manor marriage ness New-York non est factum oath objection offence opinion parish party perjury person plaintiff plea pleaded presumption prisoner proceedings produced proof prosecution prove question reason received record rejected rule Salk seal sentence stat statute subscribing witness sufficient suit sworn Taunt testator testimony tion trespass trial usury verdict Vide voire dire writ
Δημοφιλή αποσπάσματα
Σελίδα 305 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Σελίδα 443 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Σελίδα 179 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Σελίδα 443 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Σελίδα 77 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Σελίδα 419 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Σελίδα 462 - I take it that nothing is considered as a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed. For instance, if, upon a parol agreement, a man is admitted into possession, he is made a trespasser and is liable to answer as a trespasser if there be no agreement.
Σελίδα 379 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Σελίδα 443 - ... unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Σελίδα 445 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.