A Treatise on the Law of Evidence, 3±ÇC.C. Little and J. Brown, 1853 |
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93 ÆäÀÌÁö
... plaintiff , and E. F. defendant , in a plea of knowing that a trial was about to be had of the said issue in the Court last aforesaid , then in session as aforesaid ; and unlawfully intending to hinder a just and lawful trial of said ...
... plaintiff , and E. F. defendant , in a plea of knowing that a trial was about to be had of the said issue in the Court last aforesaid , then in session as aforesaid ; and unlawfully intending to hinder a just and lawful trial of said ...
159 ÆäÀÌÁö
... plaintiff to remove those presumptions flowing from the seeming obligations and situations of the par- ties , and to require of him to bring home to the defendant the existence of malice as the true motive of his conduct . Beyond this ...
... plaintiff to remove those presumptions flowing from the seeming obligations and situations of the par- ties , and to require of him to bring home to the defendant the existence of malice as the true motive of his conduct . Beyond this ...
226 ÆäÀÌÁö
... plaintiff upon the proof of every material fact he has alleged , and is not bound to make a specific an- swer to any ; yet , in proceedings by bill in Equity , the plain- tiff may require the defendant to answer particularly , and upon ...
... plaintiff upon the proof of every material fact he has alleged , and is not bound to make a specific an- swer to any ; yet , in proceedings by bill in Equity , the plain- tiff may require the defendant to answer particularly , and upon ...
229 ÆäÀÌÁö
... plaintiff to produce the bond and prove its execution ; the bond being held , at law , conclusively to import a valuable and adequate consideration . But in a Court of Equity , in taking an account of the pecuniary transactions between ...
... plaintiff to produce the bond and prove its execution ; the bond being held , at law , conclusively to import a valuable and adequate consideration . But in a Court of Equity , in taking an account of the pecuniary transactions between ...
233 ÆäÀÌÁö
... plaintiff's complaint , and this without oath ; no oath being required of the defendant , except to his answer to a bill of discovery ; or , by a hearing of the bill , without plea , the defendant being permitted at the hearing to prove ...
... plaintiff's complaint , and this without oath ; no oath being required of the defendant , except to his answer to a bill of discovery ; or , by a hearing of the bill , without plea , the defendant being permitted at the hearing to prove ...
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admissible admitted adverse party affidavit alleged answer apply bill captured cause Chancellor Chancery charge circumstances Comm commissioners committed common law Commonwealth competent Const constitution Court of Chancery Courts Martial Courts of Equity Cranch Crim crime criminal cross-examination David Pratt decree deemed defendant dence depositions documents East examination fact felony filed fraud Hale hearing held Ibid indictment intent interrogatories issue Johns Judge jurisdiction Jury Kely libel Lord Lord Chancellor matter ment misprision of treason mistake necessary oath objection offence officer owner P. C. ch Paige parol evidence particular perjury person plaintiff pleadings practice presumption prisoner prize proceedings proof proved purpose question reason Regina rule Russ seamen ship statute Story sufficient suit Sumn supra sworn taken testimony tion trial trial by Jury U. S. Stat United vessel Wheat witness
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156 ÆäÀÌÁö - A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse...
240 ÆäÀÌÁö - The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
235 ÆäÀÌÁö - In a just sense, the amendment then may well be construed to embrace all suits, which are not of equity and admiralty jurisdiction, whatever may be the peculiar form which they may assume to settle legal rights.
232 ÆäÀÌÁö - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
83 ÆäÀÌÁö - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
310 ÆäÀÌÁö - In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the 'Court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
30 ÆäÀÌÁö - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
158 ÆäÀÌÁö - Whenever the author and publisher of the alleged slander acted in the bonii fide discharge of a public or private duty, legal or moral ; or in the prosecution of his own rights or interests.
88 ÆäÀÌÁö - If it be proved that the defendants pursued by their acts the same object, often by the same means, one performing one part and another another part of the same, so as to complete it, with a view to the attainment of the same object, the jury will be justified in the conclusion that they were engaged in a conspiracy to effect the object.
235 ÆäÀÌÁö - The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable, or the award of a venire facias de novo, by an appellate court, for some error of law which intervened in the proceedings.