A Treatise on the Law of EvidenceGould, Banks & Gould, 1816 - 692 σελίδες |
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Σελίδα 34
... interest even to the smallest amount , at the same time that a son is allow- ed to give evidence for the father , and a witness is not privileged from answering , when called to speak against his interest . The temptation to perjury may ...
... interest even to the smallest amount , at the same time that a son is allow- ed to give evidence for the father , and a witness is not privileged from answering , when called to speak against his interest . The temptation to perjury may ...
Σελίδα 35
... interest , which will disqualify ; Secondly , of the rule on the subject of interest , consid- ered with reference to the parties in the suit ; Thirdly , of the same rule considered with reference to the husband or wife of the party ...
... interest , which will disqualify ; Secondly , of the rule on the subject of interest , consid- ered with reference to the parties in the suit ; Thirdly , of the same rule considered with reference to the husband or wife of the party ...
Σελίδα 36
... interest in the question put to a witness and an interest in the event of the suit ( 1 ) ; and the general rule now established is , that a witness will not be disqualified on the ground of interest , unless he is interested in the ...
... interest in the question put to a witness and an interest in the event of the suit ( 1 ) ; and the general rule now established is , that a witness will not be disqualified on the ground of interest , unless he is interested in the ...
Σελίδα 36
... interest in the event . In considering this subject , the simplest method will be to as- certain , in the first place , what is not such an interest in the event as will disqualify a witness from giving evidence , and then to inquire ...
... interest in the event . In considering this subject , the simplest method will be to as- certain , in the first place , what is not such an interest in the event as will disqualify a witness from giving evidence , and then to inquire ...
Σελίδα 38
... interest by drafts which had been duly hon- oured , and that he was still indebted to the defendant on a running account for this and other loans . It may be observed , that at the time of the trial the witness was an uncertificated ...
... interest by drafts which had been duly hon- oured , and that he was still indebted to the defendant on a running account for this and other loans . It may be observed , that at the time of the trial the witness was an uncertificated ...
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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.