A Brief for the Trial of Civil Issues Before a Jury, Τόμος 1Lawyers' Co-operative Publishing Company, 1900 - 603 σελίδες |
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Άλλες εκδόσεις - Προβολή όλων
A Brief for the Trial of Civil Issues Before a Jury (Classic Reprint) Austin Abbott Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
admission adverse party affidavit Affirming alleged allowed answer appeal application argument asked Asso Bank cause of action charge Chicago cited Code Civ Colo Conn consent contradict counsel County cross-examination damages defendant defendant's demurrer dence direct discretion entitled error to refuse evidence exception facts given ground held impeached instruct the jury Iowa issue Jones judge judgment jurors Louisville & N. R. Mass matter Minn Misc motion N. Y. Supp nonsuit objection Ohio St opinion oral peremptory challenges plaintiff pleadings Proc proof proper properly prove rendered request require reversal reversible error rule S. F. R. Co sealed verdict Smith special findings special verdict Stat statement statute submitted sufficient Teleg testify testimony tion trial court U. S. App unless Utah Wend witness York
Δημοφιλή αποσπάσματα
Σελίδα 350 - Interested in the issue tried; provided, that in actions by or against executors, administrators or guardians. In which judgment may be rendered for or against them, neither party shall be allowed to testify against the •other, as to any transaction with, or statement by, the testator, intestate, or • ward, unless called to testify thereto by the opposite party, or required totestify thereto by the court.
Σελίδα 383 - TERM, may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Σελίδα 249 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Σελίδα 305 - It is a well-known physiological fact that peculiarities of feature and personal traits are often transmitted from parent to child. Taken by itself, proof of such resemblance would be insufficient to establish paternity ; but it would be clearly a circumstance to be considered in connection with other facts tending to prove the issue on which the jury are to pass.
Σελίδα 50 - It is the duty of a juror to make full and truthful answers to such questions as are asked him, neither falsely stating any fact nor concealing any material matter, since full knowledge of all material and relevant matters is essential to a fair and just exercise of the right to challenge either peremptorily or for cause. A juror who falsely misrepresents his interest or situation, or conceals a material fact relevant to the controversy, is guilty of misconduct, and such misconduct is prejudicial...
Σελίδα 507 - ... it is of the very essence of a special verdict that the jury should find the facts on which the court is to pronounce the judgment according to law...
Σελίδα 165 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Σελίδα 330 - But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party.
Σελίδα 450 - It is that it appears to me to have been lost sight of that it is a rule of presumption that ordinarily a witness who testifies to an affirmative is to be credited in preference to one who testifies to a negative...
Σελίδα 486 - While the jury are absent the court may adjourn, from time to time, in respect to other business ; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged.