Illustrative Cases on EvidenceWest Publishing Company, 1924 - 558페이지 |
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iii 페이지
... tion is the text - book , and that the purpose of these Casebooks is to illustrate the practical application of the principles of the law . ( iii ) * WEST PUBLISHING COMPANY . REVISER'S NOTE AT THE request of the publishers , I.
... tion is the text - book , and that the purpose of these Casebooks is to illustrate the practical application of the principles of the law . ( iii ) * WEST PUBLISHING COMPANY . REVISER'S NOTE AT THE request of the publishers , I.
3 페이지
... tion 2460 of the Code of Civil Procedure , as it existed at the time of the examination . The objection was overruled , and the defendant Martha a excepted . The examination was in December , 1880 , and the said sec- tion was amended in ...
... tion 2460 of the Code of Civil Procedure , as it existed at the time of the examination . The objection was overruled , and the defendant Martha a excepted . The examination was in December , 1880 , and the said sec- tion was amended in ...
5 페이지
... tion of the petitioner might be dismissed , and that he might be for- ever debarred the benefit of the law referred to . The petitioner an- swered , controverting the charges of fraud . The issue thus joined was afterward tried before a ...
... tion of the petitioner might be dismissed , and that he might be for- ever debarred the benefit of the law referred to . The petitioner an- swered , controverting the charges of fraud . The issue thus joined was afterward tried before a ...
6 페이지
... tion of the notice to creditors ( section 2 ) ; but the statute does not provide what shall constitute proof of publication of the notice , nor how the proof shall be made . Evidence and Proof There is an obvious difference between the ...
... tion of the notice to creditors ( section 2 ) ; but the statute does not provide what shall constitute proof of publication of the notice , nor how the proof shall be made . Evidence and Proof There is an obvious difference between the ...
20 페이지
... tion of the case . The plea to the jurisdiction of the court was overruled , and a sup- plemented and amended claim and answer filed , denying all and singu- lar the facts set forth in the libel ; and by consent of parties an order of ...
... tion of the case . The plea to the jurisdiction of the court was overruled , and a sup- plemented and amended claim and answer filed , denying all and singu- lar the facts set forth in the libel ; and by consent of parties an order of ...
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accused action admissible admitted affirmed alleged Amherstburg answer appears authority burden of proof cause character charge Charles Fleming circumstances claimed common law competent conclusion conclusive presumption confession contract counsel crime criminal cross-examination death deceased declarations deed defendant defendant's dence discussion of principles dying declaration effect error establish Evidence 3d exceptions expert facie fact fendant given Greenl ground guilty handwriting hearsay held husband inference insanity issue judge judgment judicial notice jury justice land larations Mass matter McKelvey on Evidence mind murder negligence objection offered opinion is omitted overruled party person plaintiff plaintiff in error presumed presumption presumption of innocence prima facie prisoner prosecution prove purpose question Railroad reasonable doubt received reputation reversed rule sanity statement statute sufficient Supreme Court tending to show testator testified testimony THROCKM.EV tion trial verdict wife witness writing
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287 페이지 - 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.
92 페이지 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
129 페이지 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the...
374 페이지 - That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
373 페이지 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
63 페이지 - This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof...
327 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.
7 페이지 - 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.
5 페이지 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
381 페이지 - interest" here does not mean that which is *"interesting" from gratifying curiosity or a love of information or amusement, but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected. The admissibility of the declarations of deceased persons in such cases is sanctioned, because...