A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, 1±ÇA. Maxwell & Son, 1848 - 1386ÆäÀÌÁö |
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viii ÆäÀÌÁö
... object has been to afford to the profession really useful and accurate information ; and whether that information were con- veyed in my own or in another's language , has been to me , as it will doubtless be to my readers , a matter of ...
... object has been to afford to the profession really useful and accurate information ; and whether that information were con- veyed in my own or in another's language , has been to me , as it will doubtless be to my readers , a matter of ...
2 ÆäÀÌÁö
... Object of Evidence , and the Rules which govern its production ; -And Thirdly , The Means of Proof , or the Instruments by which facts are established . This order will be followed in the present Treatise ; but before we proceed , it ...
... Object of Evidence , and the Rules which govern its production ; -And Thirdly , The Means of Proof , or the Instruments by which facts are established . This order will be followed in the present Treatise ; but before we proceed , it ...
23 ÆäÀÌÁö
... object undoubt- edly is , it is one which , even at the present day , is not very perfectly effected . The general principle , that the judge must determine the law , and the jury the fact , is not , and cannot be , disputed ( c ) ; but ...
... object undoubt- edly is , it is one which , even at the present day , is not very perfectly effected . The general principle , that the judge must determine the law , and the jury the fact , is not , and cannot be , disputed ( c ) ; but ...
46 ÆäÀÌÁö
... object of the proof of foreign law is to enable the Court to instruct the jury as to its bearing on the case in hand , it will always be advisable for the judge to assist the jury in ascertaining what the law really is ( m ) . ¡× 38 ...
... object of the proof of foreign law is to enable the Court to instruct the jury as to its bearing on the case in hand , it will always be advisable for the judge to assist the jury in ascertaining what the law really is ( m ) . ¡× 38 ...
60 ÆäÀÌÁö
... and circumstantial evidence ; but as the controversy seems to have arisen from a misapprehension of the real nature and object of testimony , and can moreover lead to no CIRCUMSTANTIAL EVIDENCE . 61 practical end , it is not.
... and circumstantial evidence ; but as the controversy seems to have arisen from a misapprehension of the real nature and object of testimony , and can moreover lead to no CIRCUMSTANTIAL EVIDENCE . 61 practical end , it is not.
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9 Vict action admissible admitted Alderson alleged amendment appear assumpsit attorney Bayley Bench bill Bing Camp Chancery charge circumstances cited common law conclusive presumption confession Court held criminal Davies deceased declaration declarations against interest deed defendant document Dowl East entitled entries estopped estoppel examination fact favour guilty indictment indorsement instrument issue Jackson Jones judge JUDICIALLY NOTICED jury justice Lord Abinger Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius observed offence Parke particular party Patteson payment Peerage person plaintiff plea pleaded possession presumed presumption primâ facie principle prisoner proceedings produce proof proved purporting question reasonable received recognised rejected render Reports respecting rule Russ Scott seal secondary evidence Smith Stark statement statute sufficient Taunt Taylor tenant testimony Tindal tion trespass trial truth vols Williams witness
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494 ÆäÀÌÁö - ... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever...
470 ÆäÀÌÁö - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
493 ÆäÀÌÁö - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
564 ÆäÀÌÁö - 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.
495 ÆäÀÌÁö - ... shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
99 ÆäÀÌÁö - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
216 ÆäÀÌÁö - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
24 ÆäÀÌÁö - It is the duty of the court to instruct the jury as to the law; and it is the duty of the jury to follow the law, as it is laid down by the court.
494 ÆäÀÌÁö - ... person, or any person claiming through him, to make an entry or distress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
72 ÆäÀÌÁö - And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.