A Treatise on the Law of EvidenceGould, Banks & Gould, 1816 - 692 páginas |
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Página xi
... and Judgments , considered with reference to the Subject - matter of the Suit 234-- Sect . 3. Of the Admissibility , in Civil Cases , of Verdicts in Criminal Proceedings 237 237-242 CHAP . III . Of the Judgments of Courts of CONTENTS . ki.
... and Judgments , considered with reference to the Subject - matter of the Suit 234-- Sect . 3. Of the Admissibility , in Civil Cases , of Verdicts in Criminal Proceedings 237 237-242 CHAP . III . Of the Judgments of Courts of CONTENTS . ki.
Página xliv
... matter depend- ing there , and having tendered to him according to his countenance or calling such reasonable sum of money for his costs and charges , as with regard to the distance of ( a ) A subpœna is not necessary , if the witness ...
... matter depend- ing there , and having tendered to him according to his countenance or calling such reasonable sum of money for his costs and charges , as with regard to the distance of ( a ) A subpœna is not necessary , if the witness ...
Página 13
... 1 Wash . 203. When , however , the judge does give an opinion to the jury on a matter of fact , it should be 3 # 14 be ascertained , for the purpose of deciding Ch . 2. ] Incompetency from Want of Understanding . * 13 CHAP II.
... 1 Wash . 203. When , however , the judge does give an opinion to the jury on a matter of fact , it should be 3 # 14 be ascertained , for the purpose of deciding Ch . 2. ] Incompetency from Want of Understanding . * 13 CHAP II.
Página 30
... matter of course , to admit an offender as witness on the trial of his accomplices , not even after he has been so al- lowed by the committing magistrate ; but a motion for this purpose must be made by the counsel for the prosecution ...
... matter of course , to admit an offender as witness on the trial of his accomplices , not even after he has been so al- lowed by the committing magistrate ; but a motion for this purpose must be made by the counsel for the prosecution ...
Página 34
... matter in question , comes to prove it , it is rather a ground for distrust than any just cause of belief ; for men are generally so shortsighted as to look at their own private benefit which is near to them , rather than to the good of ...
... matter in question , comes to prove it , it is rather a ground for distrust than any just cause of belief ; for men are generally so shortsighted as to look at their own private benefit which is near to them , rather than to the good of ...
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Términos y frases comunes
act of parliament action admissible afterwards answer appear assumpsit attestation Baron Gilbert bill Binney Bull Buller Burr Campb cause Chancery cited claimed common common law competent witness conclusive confession conviction copy Court of King's courts of equity Cowp criminal debt deceased declaration deed defendant defendant's dence depositions East P. C. entry examined execution fact fendant Gilb give evidence given in evidence ground Gwill hand-writing held incompetent indictment indorsement interest issue Johns judges judgment jury Justice King's Bench Leach Cr Lessee Lord Ellenborough Lord Kenyon Lord Mansfield manor marriage ness New-York non est factum oath objection offence opinion parish party perjury person plaintiff plea pleaded presumption prisoner proceedings produced proof prosecution prove question reason received record rejected rule Salk seal sentence stat statute subscribing witness sufficient suit sworn Taunt testator testimony tion trespass trial usury verdict Vide voire dire writ
Pasajes populares
Página 305 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Página 443 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 179 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Página 443 - ... or to charge any person upon any agreement made upon consideration of marriage ; 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...
Página 77 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Página 419 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Página 462 - I take it that nothing is considered as a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed. For instance, if, upon a parol agreement, a man is admitted into possession, he is made a trespasser and is liable to answer as a trespasser if there be no agreement.
Página 379 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Página 443 - ... 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...
Página 445 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.