A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Svazek 1W. Maxwell, 1858 - Počet stran: 1675 |
Vyhledávání v knize
Výsledky 1-5 z 100
Strana xxvii
... Pleading , 5th edition , London , 1843 . Story on Agency , London , 1839 . Story on Bailments . Story on Bills of ... Pleading , 3rd ed . , Lond . and Boston , 1844 . Story on Partnership , London and Boston , 1841 . Story's Reports ...
... Pleading , 5th edition , London , 1843 . Story on Agency , London , 1839 . Story on Bailments . Story on Bills of ... Pleading , 3rd ed . , Lond . and Boston , 1844 . Story on Partnership , London and Boston , 1841 . Story's Reports ...
Strana 6
... pleaded and proved ; the custom or law of the road , viz . , that horses and carriages should respec- tively keep on the near or left side ; and the following rules with respect to navigation , -first , that ships and steamboats on ...
... pleaded and proved ; the custom or law of the road , viz . , that horses and carriages should respec- tively keep on the near or left side ; and the following rules with respect to navigation , -first , that ships and steamboats on ...
Strana 30
... pleading , the distinction is preserved upon the face of the record , and the jury cannot encroach upon the jurisdiction of the court ; when , by the form of pleading , the two questions are blended together , and cannot be separated ...
... pleading , the distinction is preserved upon the face of the record , and the jury cannot encroach upon the jurisdiction of the court ; when , by the form of pleading , the two questions are blended together , and cannot be separated ...
Strana 99
... pleaded by way of estoppel , at least where an opportunity of so pleading it has been afforded . ' If a party , having such an opportunity , does not avail himself of it , the Court will conclusively presume that he has intended to ...
... pleaded by way of estoppel , at least where an opportunity of so pleading it has been afforded . ' If a party , having such an opportunity , does not avail himself of it , the Court will conclusively presume that he has intended to ...
Strana 100
... pleaded in order to make them obligatory ; as , for instance , if a man were to represent another as his agent , in order to procure a person to contract with him as such , and this person were so to contract , the contract would bind ...
... pleaded in order to make them obligatory ; as , for instance , if a man were to represent another as his agent , in order to procure a person to contract with him as such , and this person were so to contract , the contract would bind ...
Běžně se vyskytující výrazy a sousloví
16 Vict 20 Vict action admissible admitted Alderson alleged amendment appear Att.-Gen Bayley bill Bing Brown Camp cause Chancery charge circumstances cited Clark Common Law Common Pleas confession contract Court held Court of Chancery Courts of Equity criminal Davies deceased declaration declarations against interest deed defendant defendant's depositions document Dowl East enacts entries estoppel examination Exchequer fact indictment indorsed Ireland issue Jackson Jones judge judicial notice jury justice London Lord Brougham Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius Parke party Patteson payment Peer person plaintiff pleaded presumed presumption primâ facie prisoner proceedings produce proof proved purporting question Rail received in evidence recognised rejected render Reports respect rule Scott seal secondary evidence Smith Stark statement statute sufficient Taylor tenant testimony Tindal trial vols Williams witness
Oblíbené pasáže
Strana 54 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Strana 604 - ... 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...
Strana 581 - 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...
Strana 684 - 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.
Strana 119 - 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.
Strana 417 - ... shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement on oath or writing of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same...
Strana 229 - ... and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for...
Strana 726 - ... and whatever the prisoner shall then say in answer thereto shall be taken down in writing and read over to him, and shall be signed by the said Justice or Justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him without further proof thereof, unless it shall be proved that the Justice or Justices purporting to sign...
Strana 91 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Strana 188 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...