Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volumen1

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Stevens, 1891 - 1640 páginas

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Contenido

revocation of authority by death
lxi
321
lxviii
in the bankrupts possession as executor
lxxvi
326
lxxx
1187
xcix
Action for defamation
c
845
cxiv
1127
cxvi
854
cxx
1132
cxxiii
1140
cxxxi
855
cxxxiii
858
cxli
TABLE OF STATUTES CITED
cxlvii
setoff
cxlviii
860
cli
Actions by and against husband and wife
clxi
Actions against innkeepers
clxix
Action for malicious arrest and abuse of civil processcontinued
clxxii
defence
clxxxiii
863
clxxxvii
PART I
1
action for illegal distress
2
Attendance of witnessescontinued
5
notice to produce when necessary
7
864
8
Withdrawing a juror
12
general nature of secondary evidence
14
Effect of Documentary Evidencecontinued
15
admissible to discharge written agreements
29
Action for disturbance of
39
grants
40
868
44
Action for trespass to land
54
781
61
Admissions
62
19
64
869
65
avoidance of voluntary settlements and fraudulent preferences 1118
67
damages
68
agents and servants
69
Action for goods sold and delivered
72
by payment of money into court
75
Action for conversion of goodscontinued
77
revocation of will by another will c Statute of Frauds
78
evidence of character
87
The substance of the issue only need be proved
90
Proof by copies
96
publication in newspapers of reports of public meetings
101
Custody of ancient writings
102
APPENDIX
107
inquisitions
110
injunction
112
judgments in inferior courts
116
161
119
registers of births baptisms marriages
124
corporation deeds
130
execution under power of attorney or order of court
136
proof of delivery to defendant
137
deeds enrolled or registered
142
execution of powers
148
Examination of witnesses
152
affirmation in lieu of oath
159
privilege
166
how claimed
173
INDEX 1285
179
Contradicting opponents witness
180
EFFECT OF DOCUMENTARY EVIDENCE
187
public right of
191
338
193
action for recovery of land by mortgagee
194
bill in Chancery
197
defence
204
171
212
STAMPS
218
Number of words
224
mortgage
229
evidence of the ownership of roads wastes rivers walls ditches c 931
230
first exemption
232
Stamps on agreementcontinued
233
Statute of Limitations
241
is such an issuing as to render an alteration fatal
242
copyhold and customary estatesinstruments relating thereto
249
letters of administration
255
PAGE
260
accord and satisfaction
285
Actions against revenue officers and others acting in execution
288
Adjournment of trial
289
Certificate or order for costs under County Courts Act 1888
296
982
297
ACTIONS FOUNDED ON SIMPLE CONTRACT
303
proof of title
309
readiness to convey
315
fraud misdescription
317
Action for use and occupation
323
licence
330
defendant treated by plaintiff as a trespasser
332
Statute of Limitations
336
Action on bills of exchange cheques and promissory notes
339
90
340
variance in partiesliability on the billstatute
347
acceptance effect of in accrediting the drawing
358
account stated
379
Action against common innkeepers
390
Action on policy of insurance
405
by fire
419
Action for trespass to personal property
420
proof of amount of lossadjustment
427
registration
433
when plaintiff entitled to a return
435
loss
441
Action for conversion of goods
445
compliance with warranties or conditions
447
defence
455
Action on guarantee
461
copyright in dramatic and musical compositions
464
Action on warranty
467
Action on promise of marriage
475
351
476
Action on an award
478
Action for infringement of trade marks
480
delivery of the bill how and to whom
484
Action against solicitor for negligence
490
Action for not accepting goods
500
want of reasonable and probable causequestion
503
717
505
what note is sufficient within
510
readiness of the plaintiff to deliver
516
damages
517
184
522
VOL I
529
an unincorporated mining company
538
costs
543
Overseer
545
Companies registered under the Companies Acts 1862 1867
551
Action for work and materials
558
464
572
Action for money lent
573
judgments in
583
467
588
in cases of wagering contracts
590
possession obtained by fraud
594
Action on an account stated
597
pledgeFactors Acts
610
723
615
tender of rent or amends
621
property vesting under execution or award
622
evidence of special property
628
counterclaim
633
fraud and misrepresentation
635
infancy
642
727
643
insanity
645
Statute of Limitations
646
by part payment
652
damages
656
conditional
658
appropriation of payments
664
732
670
setoff and counterclaim
673
644
681
denial of execution
683
593
688
to insure
700
for title
706
evidence of general lien
707
Action for taking goods in execution without paying rent
710
alteration of the bond
714
Action for not paying over money levied
716

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Página 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.
Página 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.
Página 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...
Página 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.
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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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