Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 1Stevens, 1891 - 1640 pages |
From inside the book
Results 1-5 of 75
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 , either in an examina- tion in chief or in cross - examination , to inquire into the contents of a deed , merely because the opposite party has the original deed in his possession in court at the time of the trial , not having ...
... allowed , either in an examina- tion in chief or in cross - examination , to inquire into the contents of a deed , merely because the opposite party has the original deed in his possession in court at the time of the trial , not having ...
Page 15
... allowed by common law or statute on the ground of public con- venience ; vide , Proof of documents , post , p . 96 . ORAL EVIDENCE TO EXPLAIN OR ADD TO DOCUMENTS . The Proof of Documents by Copies . 15 Effect of Documentary Evidence ...
... allowed by common law or statute on the ground of public con- venience ; vide , Proof of documents , post , p . 96 . ORAL EVIDENCE TO EXPLAIN OR ADD TO DOCUMENTS . The Proof of Documents by Copies . 15 Effect of Documentary Evidence ...
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 agree- ment to apportion the accruing rent . Flinn v . Callow , 1 M. & Gr . 589 . .. But in order to exclude ...
... allowed . Simpson v . Henderson , M. & M. 300. An absolute sale of a reversion was held not to be qualified by proof of an oral agree- ment to apportion the accruing rent . Flinn v . Callow , 1 M. & Gr . 589 . .. But in order to exclude ...
Page 19
... 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 ...
Contents
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Common terms and phrases
Act of Parliament action admitted affidavit agreement answer Att.-Gen attesting witness attorney Bank Bank of England bill of exchange Bing Camp certificate Chancery claim contract court custody custom deceased declarations deed defendant defendant's depositions document Doe d duly duty entry estoppel examined copy Exch execution fact fraud grant handwriting held inadmissible indorsed instrument Insur issue judge judgment judicial notice jury land lease letter Lord manor marriage Nisi Prius non est factum notice to produce oral evidence original parish party payment Peerage person plaintiff pleadings possession presumed presumption probate proceedings promissory note proof purporting question receipt record rent rule seal secondary evidence sect signature signed Smith solicitor stamp Stamp Act Stark stat statute Statute of Frauds sufficient supra Taunt tenant testator thereof trial unless Vict vide post writing written
Popular passages
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.