A Selection of Legal Maxims: Classified and IllustratedT. & J.W. Johnson, 1852 - 607페이지 |
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vii 페이지
... Evidence . Of these latter subjects , the Construction of Written Instru- ments , and the Admissibility of evidence to explain them , as also those Maxims which embody the Law of Contracts , have been thought the most practically ...
... Evidence . Of these latter subjects , the Construction of Written Instru- ments , and the Admissibility of evidence to explain them , as also those Maxims which embody the Law of Contracts , have been thought the most practically ...
xvi 페이지
... evidence by incapacity from crime . $ See p . 69 . This maxim may properly be applied in those cases only where a witness speaks to a fact with re- ference to which he cannot be presumed liable to mistake ; see per Story , J. , The ...
... evidence by incapacity from crime . $ See p . 69 . This maxim may properly be applied in those cases only where a witness speaks to a fact with re- ference to which he cannot be presumed liable to mistake ; see per Story , J. , The ...
56 페이지
... evidence ; and if it appear that the wife was principally instrumental in the commission of the crime , acting voluntarily , and not by constraint of her husband , although he was present and con- curred , she will be guilty and liable ...
... evidence ; and if it appear that the wife was principally instrumental in the commission of the crime , acting voluntarily , and not by constraint of her husband , although he was present and con- curred , she will be guilty and liable ...
63 페이지
... evidence that it had been accepted on that day ; but the Court said , that , if it had been ac- cepted on a Sunday , and such acceptance had been made in the ordinary calling of the defendant , and if the plaintiff was acquainted with ...
... evidence that it had been accepted on that day ; but the Court said , that , if it had been ac- cepted on a Sunday , and such acceptance had been made in the ordinary calling of the defendant , and if the plaintiff was acquainted with ...
94 페이지
... evidence being sufficient or insufficient to establish the corpus delicti brought under investigation . " And where the authority is given to justices by statute , and they appear to have acted within the jurisdiction so given , and to ...
... evidence being sufficient or insufficient to establish the corpus delicti brought under investigation . " And where the authority is given to justices by statute , and they appear to have acted within the jurisdiction so given , and to ...
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자주 나오는 단어 및 구문
according act of Parliament action applied argument Bing Chit cited common law consequence consideration considered construed contract Court court of equity covenant creditor Crown damage debet debt deed defendant doctrine Earl East Eastern Counties Railway emblements entitled equity error evidence Exch execution executor facit fact fraud Grand Junction Railway grant heir held indictment injury Inst instance instrument intention Jenk judge judgment jure jurisdiction jury justice land lease legislature liable Litt Lord Brougham Lord Cottenham Lord Denman Lord Ellenborough Lord Mansfield matter maxim ment Nemo observed owner particular party payment person plaintiff plea pleading possession potest principle proceedings quæ quod Railway Raym reason recognised recover reference remarks remedy Scott sheriff Smith stat statute Steph subsequent sunt tenant testator Tindal tion trespass Vict void warrant words writ
인기 인용구
468 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
564 페이지 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
57 페이지 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
206 페이지 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
366 페이지 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
173 페이지 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
253 페이지 - That when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible...
254 페이지 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major ; in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him* in any degree.
573 페이지 - In answer thereto, we state to your lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But, where the facts are admitted...
57 페이지 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...