Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 1

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Stevens, 1891 - 1640 pages

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Contents

FURTHER CASES AND REFERENCES IN ADDENDA
cxlvii
Actions against heirs and devisees
cxlviii
Actions against constables justices and officers
clv
Actions by and against husband and wife
clxi
Actions against debtors who have made a composition or scheme of arrange
clxxv
Action for deceit and misrepresentation
cxci
PART I
1
Separate defence of codefendants
5
Effect of Documentary Evidencecontinued
15
Oral evidence to explain or add to documents
16
Presumptive evidence
33
Action for defamation
34
Action for disturbance of common
39
558
61
Admissions
62
Action for seduction
72
by recitalestoppel
76
Action for conversion of goodscontinued
77
Action on bills of exchange cheques and promissory notescontinued
78
789
83
evidence of other words or libels
87
effect of particulars as an admission
88
limitation of action
90
Onus probandi
94
Custody of ancient writings
102
APPENDIX
107
at
128
proof of wills of personalty
143
Attendance of witnesses
152
Opinion of witness when admissible
174
INDEX 1285
179
Contradicting opponents witness
180
Effect of Acts of Parliament
187
absolute privilege
189
790
190
judgments in
193
bill in Chancery
197
444
202
proof of admittance 1048
203
Actions by and against companies
211
Action for slander of title
212
notarial and consular certificates
213
269
215
447
217
Number of words
224
mortgage
229
1231
230
Stamps on agreementcontinued
233
bankrupts estatesinstruments relating thereto
243
declaration of use or trust
251
Action for disturbance of
258
schedule
268

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Page 140 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 351 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
Page 300 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 151 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Page 144 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Page 375 - The time and place of presentment; 2. The fact that presentment was made and the manner thereof; 3. The cause or reason for protesting the bill; 4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
Page 344 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 341 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 400 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 372 - ... 1. If sent by mail, it must be deposited in the postoffice in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter.

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