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action admissible admitted alleged answer appear applied authority Bank bill Bing called Campb cause character charge circumstances cited claim common competent conclusive confession Conn consideration considered contract course court crime criminal Cush declarations deed defendant dence East effect entry evidence examination exception existence fact favor former give given Gray ground held interest issue Johns judge jury justice land Lord Maine Mass material matter meaning nature necessary oath objection observed offered officer opinion original parol particular party payment person Phil Pick plaintiff possession presumed presumption principle prisoner produce proof proved question reason received record regard relation rule seems Smith Stark Stat statute sufficient suit supra taken testify testimony thing tion trial truth United unless wife witness writing written
Seite 321 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Seite 391 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Seite 540 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Seite 306 - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Seite 41 - 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.
Seite 334 - ... insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which with reference to these circumstances they are capable.
Seite 237 - 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...
Seite 540 - 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.
Seite 435 - degree of credit, which ought to be given to the testimony of an accomplice, is a matter exclusively within the province of the jury. It has sometimes been said, that they ought not to believe him, unless his testimony is corroborated by other evidence ; and, without doubt, great caution in weighing such testimony is dictated by prudence and reason.