A Brief on the Modes of Proving the Facts Most Frequently in Issue, Or Collaterally in Question, on the Trial of Civil Or Criminal CasesLawyers Co-operative Publishing Company, 1922 - 1161 Seiten |
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Andere Ausgaben - Alle anzeigen
A Brief on the Modes of Proving the Facts Most Frequently in Issue, Or ... Austin Abbott Keine Leseprobe verfügbar - 2015 |
A Brief on the Modes of Proving the Facts Most Frequently in Issue Or ... Austin Abbott Keine Leseprobe verfügbar - 2016 |
Häufige Begriffe und Wortgruppen
abandonment absence action admitted adverse possession affirming agent alleged Asso authority Bank Barb burden of proof Chicago cited claim Colo competent to show Conn Connecticut Mut contract court Crim cross-examination declarations deed defendant dence Direct testimony dying declarations easement entries error ex rel expert fact genuine handwriting held holding inadmissible injury insanity instrument intention Iowa Jones judicial notice jury knowledge land Lumber Mass Minn Misc N. J. Eq N. Y. Supp nonuser Ohio St opinion oral evidence owner P. R. Co parol evidence party plaintiff possession presumed presumption presumption of death prove question reversible error rule shown signature Smith statute sufficient Teleg testator testify tion transaction Trial Brief U. S. App witness writing
Beliebte Passagen
Seite 314 - when the relation of carrier and passenger exists, and the accident arises from some abnormal condition in the department of actual transportation; second, where the injury arises from some condition or event that is in its very nature so obviously destructive of the . safety of person or property, and is so tortious in its quality, as In the first instance, at least, to permit no inference save that of negligence on the part of the person in control of the Injurious agency.
Seite 889 - It is a well-known physiological fact that peculiarities of feature and personal traits are often transmitted from parent to child. Taken by itself, proof of such resemblance would be insufficient to establish paternity ; but it would be clearly a circumstance to be considered in connection with other facts tending to prove the issue on which the jury are to pass.
Seite 380 - Undoubtedly the existence of a separate oral agreement as to any matter on which a written contract is silent, and which is not inconsistent with its terms, may be proven by parol, if under the circumstances of the particular case it may properly be inferred that the parties did not intend the written paper to be a complete and final statement of the whole of the transaction between them.
Seite 380 - The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, if from the circumstances of the case the Court infers that the parties did not intend the document to be a complete and final statement of the whole of the transaction between them.
Seite 1010 - The value of foreign coins, as ascertained by the estimate of the director of the mint and proclaimed by the Secretary of the Treasury, is conclusive upon custom-house officers and importers.
Seite 570 - ... it is the general rule of American Opinion of the Court. law that a grant will be presumed upon proof of an adverse, exclusive and uninterrupted possession for twenty years, and that such rule will be applied as a presumptio juris et dejure, wherever, by possibility, a right may be acquired in any manner known to the law.
Seite 774 - Where there is evidence of a ceremony of marriage having been gone through, followed by the cohabitation of the parties, everything necessary for the validity of the marriage will be 'presumed, in the absence of decisive evidence to the contrary, even though it may be necessary to presume the grant of a special license.
Seite 477 - It is an established doctrine that a court of equity will treat a deed, absolute in form, as a mortgage, when it is executed as security for a loan of money. That court looks beyond the terms of the instrument to the real transaction; and when that is shown to be one of security and not of sale, it will give effect to the actual contract of the parties.
Seite 842 - ... notice by construction of law, as, where notice to an agent is notice to the principal ; if the agent comes to the knowledge of the fact, while he is concerned for the principal, and in the course of the very transaction, which becomes the subject of the suit (95).
Seite 227 - And it seems to us that the rule just referred to amounts to nothing more than saying that in some cases this intrinsic evidence may tend to prove that the alteration was made after delivery, and therefore throw the preponderance on that side, unless the holder of the instrument produces extrinsic rebutting evidence. Thus construed, we would find no special fault witli the rule. But it is incorrect to call this a presumption of law, it is simply an inference of fact drawn from evidence in the case.