A treatise on the law of evidence: Volume IBoD – Books on Demand, 23 Σεπ 2020 - 956 σελίδες Reprint of the original, first published in 1868. |
Περιεχόμενα
cure abortionRobberyPerjury | 287 |
niissible | 289 |
No PAGE 895 The owner entitled to sue | 316 |
Carrier of passengershis liability 317 | 317 |
vendec c 318322 | 318 |
Bill of lading as proof | 319 |
Delivery to carrier on dock | 320 |
Of restoring competency text 120 121 | 322 |
Not so when they embrace contracts | lxxxvii |
Of admissions by a party to tbe suit or | 1 |
No PAOE 1 Competency of witnesses as affected by interest old rule | 5 |
Illustrations of rule as to competency in special cases jurors arbitra tors slaves | 6 |
Judicial edings not evidence against a stranger | 7 |
OF INCOMPETENCY FROM DEFECT OF UNDERSTANDING | 8 |
In case of mental derangement 9 | 9 |
In case of persons deaf and dumb 10 | 10 |
What interest disqualifies a witness 13 | 13 |
Witness mouet be sworn | 14 |
Form of administering the oath | 17 |
Competency as affected by religious belief 1617 | 18 |
CHAPTER IV | 20 |
Effect of a conditional pardon 24 | 24 |
Ground of the rule note on page | 25 |
Old rule as to parties on the record 2936 | 29 |
Statements showing animus of a party admis compellable to give evidence by The 14 15 | 30 |
Members of corporations are interested for | 31 |
441 | 33 |
Held conclusive when incidentally in question | 35 |
A partys bail is interested for him | 37 |
Effect of judgment by default | 38 |
or neutralizing interest 3941 | 39 |
One jointly interested not competent for the others 4244 | 42 |
Competency in cases of bastardy and seduction as to losses c | 44 |
A party interested in a fund or answerable over is interested 4551 | 45 |
Parties when competent discharge of one of several jointly indicted | 46 |
DANTS IN CRIMINAL PROCEEDINGS | 47 |
Joint trespassers not served with process 49 | 49 |
The implied promise does not extend to other crimes | 52 |
Parties sued jointly for trespass 26 One being acquitted to testify for the others | 54 |
When it will disqualify 55 | 55 |
Parties not compelled to testify under former rule | 56 |
Prosecutor competeat | 59 |
The party competent whose name is forged | 60 |
As deputy to the sheriff | 61 |
Or if he will gain by the event 6264 | 62 |
Competent if he will not gain or lose | 66 |
Tlie kind of communications which are privileged | 67 |
Parties to commercial paper when competents 6974 | 69 |
Letters to the husband | 75 |
Husband and wife not competent for or against each other | 80 |
Same rule held in case of his letters to her or hers to him to show the state of her feelings 81 | 81 |
A kept mistress though passing as a wife is competent | 82 |
Whers the wife is the real party | 83 |
Formal examination on voir dire not necessary 99 Rule when proof is independent of examination | 84 |
Husband and wifs admissible to impeach each other see note 45 | 85 |
When an agent is interested and when not 8688 | 86 |
An exception allowed on indictment for forcible marriage | 88 |
Separate verdict | 90 |
Of an honorary obligation | 91 |
The wifes declarations acting as her husbands agent | 92 |
In parties to commercial paper 94 | 94 |
The wife competent to prove criminal conversation | 95 |
Recitals in deeds in proof of pedigree | 96 |
Inhabitants of town competent when | 97 |
Mode of proving incompetency from interest old rule | 99 |
Inhabitants interest of | 103 |
Proving release | 104 |
Admissibility of accomplices | 106 |
Agents as witnesses 107 | 107 |
Rule of | 110 |
Collector of taxes for state | 111 |
ClergymanPopish priest | 112 |
Effect of witnesses acquiring an interest 116118 | 116 |
Mode of objecting on ground of interest see text 119 | 119 |
CHAPTER VII | 124 |
DENCE | 130 |
Whole of the admission to be received 406410 | 132 |
The rule does not require the strongest possible evidence | 165 |
OF THE RULE RESPECTING | 173 |
deprive him of penalty | 179 |
OF TOE DISTINCTION DETWEEN Espressions of patient is to state of health | 182 |
What are matters of pedigree | 205 |
Effect of as evidence | 211 |
y Wavertree | 232 |
Ot qualiocations in receiving hvarsay 240 Banbury Peerage Leigh Prerage 2715 | 240 |
Declarat on by subscribing witness | 244 |
Lutters found in possession of a person whose Declaratious part of res gesta | 248 |
queation oť boundary modus c decla Declarations of persona in pari jure | 280 |
Deviation in voyage effect of 323 | 323 |
Carriers notice effect of 524 | 324 |
His reponsibility and right to limit it | 325 |
Reasons for the rule | 327 |
May not stipulate for privilege of being | 328 |
Conversion of goods ly currier nature of act | 330 |
In action on awardproofs | 331 |
917 918 919 When an umpire is called in 332 | 332 |
Award to be made within time | 333 |
Manner of making | 334 |
922 923 924 Subject continued 335338 | 335 |
Bankbook as evidence between third persons | 337 |
Documents referred | 338 |
The award as effectnal as a judgment 339 | 339 |
The award admissible as evidence | 341 |
Corporation books evidence as between members | 343 |
Hearingnotice of meeting 844 | 344 |
Cases illustrating effect of | 346 |
Terms of submissionall demands 347349 | 347 |
Excess of authority 348 | 348 |
The general rule and some exceptions to | 349 |
missible | 350 |
Party signing bound by contract | 352 |
Harasy inadmissible in queations private RULE AS TO HEARSAY WITH REFERENCE | 353 |
Performance of concurrent acts 354 | 354 |
Enlargement of time by parol | 355 |
On sale vendor to tender deed | 356 |
Written contract to be produced | 357 |
Failure of seller to malo title 857 | 358 |
Failure of consideration | 359 |
Recovery of consideration paidwhen allowed 860 | 361 |
Action in principals name | 362 |
When interest will exclude witness | 364 |
What regarded as a record may be impeached for fraud | 365 |
Part performanceacceptance | 366 |
435 436 | 414 |
Remarks upon the Queens Case | 415 |
Statement as to transactions befere partner | 441 |
Representative appointed in one state not recognized | 446 |
Effect of order aa admission | 448 |
CHAPTER IX | 469 |
Principle of the rule | 479 |
witnessea | 485 |
Parol evidence not admissible to contradict or vary written instrument | 494 |
VOL I | 497 |
Rale as to enbstituting oral evidence | 506 |
The party to be notified privity with others | 522 |
Description of decumentCounterpart of Inference from domeaner ef prisoner | 524 |
One seal may be used by several persons | 538 |
Intention of testutor | 540 |
Hopkina | 543 |
Foreign or poor witnesses to be paid | 561 |
Reference to unstamped document | 579 |
Defendant in criminal prosecution generally la Examples of evidence enbjuctiog to demand | 592 |
Rale as to eubetitution of secondary written evi Impression produced by correspondence | 595 |
Proof of private writings | 615 |
Privilege ia that of clientMay be waived | 616 |
223 224 | 619 |
Inspection of decument | 663 |
Not admissible to add warranty to written conditions of sale | 679 |
Variances in actions on bills and notes | 680 |
Which party holds the afirmative the onus probandi 810812 | 683 |
By the subscribing witnesses | 686 |
697 | 697 |
agreement | 698 |
Want of when not available | 708 |
The facts must be proved in substance as alleged 850 | 709 |
Insurance Companys books | 716 |
Acceptances to be in writing | 720 |
Proof of time criminal cases 890 | 726 |
What deemed a first application | 731 |
Form of oath not material unless objected | 739 |
200 | 753 |
| 758 | |
| 759 | |
| 767 | |
| 772 | |
| 782 | |
| 786 | |
Άλλες εκδόσεις - Προβολή όλων
A Treatise on the Law of Evidence, Vol. 2 (Classic Reprint) S. March Phillipps Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action admissible admitted agent allowed answer appear apply assignment attorney authority Bank Barb bill brought Brown called cause charge circumstances cited claimed clerk common competent competent witness considered contract conviction course court death debt deceased declarations deed defendant delivered East effect entries evidence examined execution fact favor former give given ground hearsay held husband inadmissible incompetent indictment indorsement interest Jackson John Jones judge judgment jury land Lessee letter Lord matter nature notice oath objection observed offered officer opinion original paid particular party payment person plaintiff possession present principle prisoner proceedings produced proof prove question Rawle reason receipt received record reference rejected relation render reputation respect rule seems Serg Smith statement statute suit supra taken testimony third tion tlie trial Wend wife witness written