The General Principles of the Law of Evidence: With Their Application to the Trial of Civil Actions at Common Law, in Equity and Under the Codes of Civil Procedure of the Several States ...Lawyers' Co-operative Publishing Company, 1892 - 1456 pages |
From inside the book
Results 1-5 of 87
Page 671
... judgment had been recovered , and an extension had been issued and returned unsatisfied ; and it was held that the other alternative , the maker's insolvency , and the consequent unavailing character of a suit against him , could not be ...
... judgment had been recovered , and an extension had been issued and returned unsatisfied ; and it was held that the other alternative , the maker's insolvency , and the consequent unavailing character of a suit against him , could not be ...
Page 674
... judgment will not be reversed upon the ground of defects in pleadings , when it is apparent upon the face of the record that the parties have had a full trial , that neither party has been prejudiced by reason of such defect , and that ...
... judgment will not be reversed upon the ground of defects in pleadings , when it is apparent upon the face of the record that the parties have had a full trial , that neither party has been prejudiced by reason of such defect , and that ...
Page 718
... judgment , rather than under the influence of the act and declarations of the party he seeks to estop . Mutual L. Ins . Co. v . Norris , 31 N. J. Eq . 583 . To create an estoppel , it must appear that the acts of the party , caused the ...
... judgment , rather than under the influence of the act and declarations of the party he seeks to estop . Mutual L. Ins . Co. v . Norris , 31 N. J. Eq . 583 . To create an estoppel , it must appear that the acts of the party , caused the ...
Page 723
... judgment , does not neces- sarily create an estoppel as to all the findings . Estoppel is only predicated upon that which is essential and material to the cause of action , and without which the action could not be sustained . In other ...
... judgment , does not neces- sarily create an estoppel as to all the findings . Estoppel is only predicated upon that which is essential and material to the cause of action , and without which the action could not be sustained . In other ...
Page 729
... judgments , the principle announced by Lord Ch . J. De Grey , in the Duchess of Kingston's Case , 1 East , P. C. 468 , " that neither the judgment of a concurrent or exclusive juris- diction is evidence of any matter which came ...
... judgments , the principle announced by Lord Ch . J. De Grey , in the Duchess of Kingston's Case , 1 East , P. C. 468 , " that neither the judgment of a concurrent or exclusive juris- diction is evidence of any matter which came ...
Other editions - View all
The General Principles of the Law of Evidence with Their Application to the ... Frank Sumner Rice No preview available - 2015 |
The General Principles of the Law of Evidence with Their Application to the ... Frank Sumner Rice No preview available - 2018 |
Common terms and phrases
admitted adverse party affidavit alleged application authority Bank Bank of United Barb cause of action certified circumstances cited claim clerk Code common law competent Conn contract copy corporation court of equity decision declarations deed defendant dence deposition doctrine entries equity establish estopped estoppel examination execution fact fraud fraudulent garnishee held indorser instrument Iowa issue Jones judge judgment jury justice letters rogatory liable lis pendens Mass matter Minn N. J. Eq negligence notice objection officer Ohio St original parol evidence person plaintiff pleading presumption prima facie principle proceeding proof proved purchaser purpose question reason record replevin res adjudicata rule seal Smith statute Statute of Frauds subpoena sufficient Supreme Court taken Teleg testator testify testimony thereof tion transaction trial United usury Wend witness writing
Popular passages
Page 926 - 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 to testify thereto "2 Dan.
Page 928 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 1357 - Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.
Page 927 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture...
Page 1366 - ... he has made at other times statements inconsistent with his present testimony as provided in section 93-1901-12." Section 93-1901-12, RCM1947. "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Page 927 - No testimony given by a witness before either House, or before any committee of either House of Congress, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony.
Page 1349 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 1363 - The testimony of a witness in this state may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 1253 - In the following cases, every agreement shall be void unless such agreement or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that by its terms is not to be performed within one year from the making thereof; 2.
Page 1358 - That a document or writing more than thirty years old, is genuine, when the same has been since generally acted upon as genuine, by persons having an interest in the question, and its custody has been satisfactorily explained.