A Practical Treatise of the Law of Evidence, and Digest of Proofs, in Civil and Criminal Proceedings, Volumen1V. and R. Stevens and G. S. Norton, 1842 |
Dentro del libro
Resultados 1-5 de 100
Página 733
... issue puts the scienter in issue . Hayne v . Sharpe , 7 C. & P. 755. In an action on the case for a nuisance to the occupa- tion of a house by carrying on an offensive trade , the plea of not guilty will operate as a denial only that ...
... issue puts the scienter in issue . Hayne v . Sharpe , 7 C. & P. 755. In an action on the case for a nuisance to the occupa- tion of a house by carrying on an offensive trade , the plea of not guilty will operate as a denial only that ...
Página 764
... issue at a certain period , although taking the words strictly , and con- struing them without considering the cir- cumstances , would have imported a general failure of issue . ( Vide Lytton v . Lytton , 4 Bro . Ch . 1. ) In the case ...
... issue at a certain period , although taking the words strictly , and con- struing them without considering the cir- cumstances , would have imported a general failure of issue . ( Vide Lytton v . Lytton , 4 Bro . Ch . 1. ) In the case ...
Página 792
... issue joined as to the amount for which the estate sold , from showing the real fact . It was held in the same case , that although the deed stated that the consideration was paid to the vendor , evidence was admissible to show that it ...
... issue joined as to the amount for which the estate sold , from showing the real fact . It was held in the same case , that although the deed stated that the consideration was paid to the vendor , evidence was admissible to show that it ...
Página 799
... issue to try the validity of a will , a legatee appeared under a liberty " to attend the trial of such issue , " it was held that his counsel might cross - examine witnesses , and suggest points of law , but had no right to address the ...
... issue to try the validity of a will , a legatee appeared under a liberty " to attend the trial of such issue , " it was held that his counsel might cross - examine witnesses , and suggest points of law , but had no right to address the ...
Página 814
... issue joined on this plea the onus probandi usually lies upon the defendant ( z ) . And the plaintiff in indebitatus assumpsit against a surviving partner , may recover a debt due from such survivor , though the declaration make no ...
... issue joined on this plea the onus probandi usually lies upon the defendant ( z ) . And the plaintiff in indebitatus assumpsit against a surviving partner , may recover a debt due from such survivor , though the declaration make no ...
Otras ediciones - Ver todas
A Practical Treatise On the Law of Evidence: And Digest of Proofs, in Civil ... Thomas Starkie,Theron Metcalf Sin vista previa disponible - 2023 |
Términos y frases comunes
action admissible admitted afterwards agent agreement alleged assignment assumpsit bailiff bill bill of lading Bing Burr Camp claim contract Court court of equity Cowp damages debt declaration deed defendant defendant's delivered delivery dence East Ellenborough entitled to recover execution fact fraud given grant Gwill held Ibid indorsed infra instrument intention issue judgment jury land latitat lease liable Lord Lord Ellenborough Lord Kenyon Lord Mansfield marriage matter ment notice owner paid parish parol evidence particular partner party payment Peake's person plaintiff plea pleaded possession premises presumed presumption principal proof prove received refused rent replevin rule seems seisin sheriff ship sold stamp Starkie's stat statute Statute of Frauds sufficient Supra Taunt tenant tender testator tion tithes trespass trover usurious vendee vendor verdict warrant witness writ
Pasajes populares
Página 1285 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
Página 1254 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Página 1285 - ... and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise : Provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain...
Página 1285 - ... or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Página 1282 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Página 921 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Página 1283 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent...
Página 988 - In actions of trespass quare clausumfregit, the plea of not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession or right of possession of that place, which if intended to be denied, must be traversed specially.
Página 987 - II. In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est faclum shall operate as a denial of the execution of the deed in point of fact only ; and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
Página 921 - ... years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.