Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volumes 1-2Stevens, 1884 |
From inside the book
Results 1-5 of 79
Page 8
... allowed to ask whether the latter paper was duly signed by three witnesses , and whether the testator had declared it to be his last will , no notice to produce it having been given . Doe d . Phillips v . Morris , 3 Ad . & E. 46 ...
... allowed to ask whether the latter paper was duly signed by three witnesses , and whether the testator had declared it to be his last will , no notice to produce it having been given . Doe d . Phillips v . Morris , 3 Ad . & E. 46 ...
Page 9
... allowed , this was held to be presumptive proof of the certifi- cate having come to the defendant's hands . Henry v . Leigh , 3 Camp . 502 . Where the instrument has been delivered to a third person , between whom and the party to the ...
... allowed , this was held to be presumptive proof of the certifi- cate having come to the defendant's hands . Henry v . Leigh , 3 Camp . 502 . Where the instrument has been delivered to a third person , between whom and the party to the ...
Page 17
... allowed . Simpson v . Henderson , M. & M. 300. An absolute sale of a reversion was held not to be qualified by proof of an oral agreement to apportion the accruing rent . Flinn v . Callow , 1 M. & Gr . 589 . But in order to exclude oral ...
... allowed . Simpson v . Henderson , M. & M. 300. An absolute sale of a reversion was held not to be qualified by proof of an oral agreement to apportion the accruing rent . Flinn v . Callow , 1 M. & Gr . 589 . But in order to exclude oral ...
Page 17
... allowed to the parties to bills ; the necessity of notice of dishonour , & c . , are not specified on the bill ; so of implied warranties on policies , & c . In such cases no evidence is admissible ; for the court will take notice of ...
... allowed to the parties to bills ; the necessity of notice of dishonour , & c . , are not specified on the bill ; so of implied warranties on policies , & c . In such cases no evidence is admissible ; for the court will take notice of ...
Page 17
... allowed to show a custom of the trade at a particular port to allow three months ' discount on freights on goods coming from certain ports . Brown v . Byrne , 3 E. & B. 703 ; 23 L. J. , Q. B. 313. " After arrival " at a named island may ...
... allowed to show a custom of the trade at a particular port to allow three months ' discount on freights on goods coming from certain ports . Brown v . Byrne , 3 E. & B. 703 ; 23 L. J. , Q. B. 313. " After arrival " at a named island may ...
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Common terms and phrases
action admissible in evidence admitted affidavit agreement answer ante Att.-Gen attesting witness Bank bill bill of exchange Bing Camp certified Chancery cited post claim clerk Commissioners common law contract court cross-examination custody Davies deceased declarations Declarations against Interest deed defendant defendant's depositions document Doe d East entry estoppel Ex pte examined copy Exch execution fact handwriting held inadmissible indorsed instrument issue Jones judge judgment judicial notice jury land lease letter Lord M'Intosh manor marriage ment Nisi Prius notice to produce office copies oral evidence parish particular party payment Peerage person plaintiff pleadings presumed presumption probate proceedings proof proved purporting question receipt record rule seal secondary evidence sect signature signed Smith solicitor stamp Stamp Act Stark stat statement statute Statute of Frauds sufficient suit supra testator thereof Toleman trial Vict vide post
Popular passages
Page 470 - ... 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; 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, or some other person thereunto by him lawfully authorized.
Page 471 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 90 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear...
Page 471 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 324 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 323 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 323 - ... within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 555 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 74 - ... the cause or matter may be, unless at the trial or hearing the court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 332 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.