A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Volume 1A. Maxwell & Son, 1848 - 1386 pages |
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Page viii
... matter in the shape of notes to Dr. Greenleaf's Treatise , would have been highly inconvenient ; to have interwoven it with his text , and still to have called the work by his name , would have been alike unjust to him and to myself ...
... matter in the shape of notes to Dr. Greenleaf's Treatise , would have been highly inconvenient ; to have interwoven it with his text , and still to have called the work by his name , would have been alike unjust to him and to myself ...
Page 1
... matter of fact , the truth of which is submitted to judicial investigation . This term and the word proof , are ... matters of fact such evidence cannot be obtained ; and the most that can be said is , that there is no reasonable doubt ...
... matter of fact , the truth of which is submitted to judicial investigation . This term and the word proof , are ... matters of fact such evidence cannot be obtained ; and the most that can be said is , that there is no reasonable doubt ...
Page 2
... matters of important personal interest ( c ) . Questions respecting the competency or admissibility of evidence , are entirely distinct from those which respect its ... MATTERS JUDICIALLY NOTICED . 3 CHAPTER II . OF MATTERS CONTENTS.
... matters of important personal interest ( c ) . Questions respecting the competency or admissibility of evidence , are entirely distinct from those which respect its ... MATTERS JUDICIALLY NOTICED . 3 CHAPTER II . OF MATTERS CONTENTS.
Page 3
With Illustrations from the American and Other Foreign Laws John Pitt Taylor. MATTERS JUDICIALLY NOTICED . 3 CHAPTER II . OF MATTERS JUDICIALLY NOTICED , WITHOUT PROOF . § 4. ALL civilised nations , being alike members of the great ...
With Illustrations from the American and Other Foreign Laws John Pitt Taylor. MATTERS JUDICIALLY NOTICED . 3 CHAPTER II . OF MATTERS JUDICIALLY NOTICED , WITHOUT PROOF . § 4. ALL civilised nations , being alike members of the great ...
Page 5
... matters very little what is the opinion of any indi- vidual conveyancer ; but the opinion of the conveyancers , as a ... matter of fact ; and adds , that " the lien of bankers , who are a species of factors in pecuniary transactions ...
... matters very little what is the opinion of any indi- vidual conveyancer ; but the opinion of the conveyancers , as a ... matter of fact ; and adds , that " the lien of bankers , who are a species of factors in pecuniary transactions ...
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Common terms and phrases
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
Popular passages
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.