The Principles and Practice of the Law of EvidenceButterworths, 1869 - 699 Seiten |
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Seite 3
... rule , the English Law of Evidence may be regarded as primarily always striv- ing after the depositions of eye - witnesses . Yet their statements , although always valuable , are so far from being , as is sometimes supposed , of a ...
... rule , the English Law of Evidence may be regarded as primarily always striv- ing after the depositions of eye - witnesses . Yet their statements , although always valuable , are so far from being , as is sometimes supposed , of a ...
Seite 5
... rule , that secondary evidence is inadmissible until the absence of primary evidence has been ex- plained to the satisfaction of the judge . Thus , in a dispute on a contract under seal , the deed is primary evidence , and should be ...
... rule , that secondary evidence is inadmissible until the absence of primary evidence has been ex- plained to the satisfaction of the judge . Thus , in a dispute on a contract under seal , the deed is primary evidence , and should be ...
Seite 9
... rule , which may be regarded as fundamental , is , that it is for the judge to decide on the character of all evidence that may be tendered , and to admit or reject it according to its consistency or inconsistency with the established rules ...
... rule , which may be regarded as fundamental , is , that it is for the judge to decide on the character of all evidence that may be tendered , and to admit or reject it according to its consistency or inconsistency with the established rules ...
Seite 10
... rules of common law evidence in all cases of its employment . And now , by the Common Law Procedure Act , 1854 ( i ) , it is ... rule to show cause , or a judge ( d ) Jewsbury v . Newbold , 26 L. J. Ex . 247 . ( e ) Cotton v . Wood , 8 ...
... rules of common law evidence in all cases of its employment . And now , by the Common Law Procedure Act , 1854 ( i ) , it is ... rule to show cause , or a judge ( d ) Jewsbury v . Newbold , 26 L. J. Ex . 247 . ( e ) Cotton v . Wood , 8 ...
Seite 11
... rule or order dispensing with such allow- ance , either in all cases , or in any particular class or classes of cases to be defined in such rule or order ; and such issue of fact may thereupon be tried and determined , and damages ...
... rule or order dispensing with such allow- ance , either in all cases , or in any particular class or classes of cases to be defined in such rule or order ; and such issue of fact may thereupon be tried and determined , and damages ...
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The Principles and Practice of the Law of Evidence Edmund Powell,John Cutler,Edmund Fuller Griffin Keine Leseprobe verfügbar - 2018 |
Häufige Begriffe und Wortgruppen
15 Vict action admissible admitted affidavit alleged amendment answer appear apply attorney authority bankruptcy Barrister at Law bill breach certified Chancery charge circumstances civil cloth common law Company competent contract conviction copy court Court of Chancery courts of equity cross-examination custody damages deceased declaration declarations against interest deed defendant dence depositions document dying declarations Edition enacted entry equity examination fact give evidence given hearsay held inadmissible indictment interest interrogatories issue judge jury justice Lincoln's Inn Lord Lord Denman Lord Ellenborough magistrate marriage matter ment Middle Temple notice oath officer Omichund oral evidence party person plaintiff plea pleaded practice presumed presumption primâ facie principle prisoner privilege produce proof proved purporting question Railway reasonable received record refuse rule seal secondary evidence stamp statement statute suit tenant testator tion treatise trial unless witness writing written
Beliebte Passagen
Seite 509 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Seite 620 - 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.
Seite 378 - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Seite 326 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Seite 326 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result...
Seite 512 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Seite 500 - Lord one thousand six hundred seventy and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of , in, to or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Seite 241 - Having heard the evidence, do you wish to '' say anything in answer to the charge ? You are not obliged to " say anything unless you desire to do so ; but whatever you say '• will be taken down in writing, and may be given in evidence '• against you at your trial.
Seite 508 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Seite 437 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...