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 64
Page clxxxi
... the Q. B. D. on this point was reversed , ( 1891 ) 1 Q. B. 402 , the C. A. holding that there was a separate accident in respect of each person injured . " Page 450 , line 10 from bottom . Add , Addenda and Corrigenda . clxxx.
... the Q. B. D. on this point was reversed , ( 1891 ) 1 Q. B. 402 , the C. A. holding that there was a separate accident in respect of each person injured . " Page 450 , line 10 from bottom . Add , Addenda and Corrigenda . clxxx.
Page cxci
... respect of anything in respect of which a man can be sued , subject to this , that her power to contract is limited , and that the remedy is confined to her separate estate . Whittaker v . Kershaw , 45 Ch . D. 320 , 329 , per Fry ...
... respect of anything in respect of which a man can be sued , subject to this , that her power to contract is limited , and that the remedy is confined to her separate estate . Whittaker v . Kershaw , 45 Ch . D. 320 , 329 , per Fry ...
Page 19
... respect to the general law upon the subject under discussion . It is con- stantly the practice to show that no consideration has been given for a bill or note , although the instrument bears on its face the words " value received ...
... respect to the general law upon the subject under discussion . It is con- stantly the practice to show that no consideration has been given for a bill or note , although the instrument bears on its face the words " value received ...
Page 50
... respect to boundaries and customs of particular districts ) , it seems that hearsay evidence is not admissible , unless it be derived from persons conversant with the neighbourhood . On the other hand , actual inhabitancy in the place ...
... respect to boundaries and customs of particular districts ) , it seems that hearsay evidence is not admissible , unless it be derived from persons conversant with the neighbourhood . On the other hand , actual inhabitancy in the place ...
Page 56
... respect of which it is paid , have been held evidence of the tenure . Doe d . Harpur v . Dodd , 3 Wooddeson Comm . 332. So where the deceased agent of the owner A. , of the servient tenement , paid 6d . to A. , stating that it was for ...
... respect of which it is paid , have been held evidence of the tenure . Doe d . Harpur v . Dodd , 3 Wooddeson Comm . 332. So where the deceased agent of the owner A. , of the servient tenement , paid 6d . to A. , stating that it was for ...
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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.