The Law of Evidence, Applicable to the Courts of the Late East India Company, Esplained in a Course of Lectures DeliveredJ. Higginbotham, 1865 - 608페이지 |
자주 나오는 단어 및 구문
accused action admissible admitted alleged answer applied arise called cause circumstances Civil collateral common competent conclusive confession considered contract conviction counsel course Court Court of Session Courts of Equity crime criminal cross-examination deceased declarations deed defendant dence deposition dispute document dying declaration effect English Law entry estoppel examination excluded fact false fraud give evidence given ground guilty handwriting hearsay evidence held instance instrument interest issue John Hollins judge judgment judicial jury justice Law of Evidence letter Lord Lord Brougham Lord Denman Lord Ellenborough Magistrate marriage matter maxim mind Mofussil nature oath objection observed opinion ordinary parol evidence particular party pedigree perjury person plaintiff possession presumption principle prisoner proceedings produce proof proved purpose question reason received res judicata respect Roman Law rule Starkie statement Sudder sufficient suit summons testator testimony tion trial truth witness writing written
인기 인용구
497 페이지 - For he shall give his angels charge over thee, to keep thee in all thy ways: They shall bear thee up in their hands, lest thou dash thy foot against a stone.
388 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 so say. The principle of public policy is this : Ex dolo malo non oritur actio.
51 페이지 - ... where one by his words or conduct wilfully causes another to* believe in 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.
236 페이지 - ... but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him : provided always, that it shall be competent for the Judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit.
141 페이지 - ... shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
77 페이지 - 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.
113 페이지 - But 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."* In Freeman v.
210 페이지 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
274 페이지 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
113 페이지 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...