A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1866 - 675 páginas |
Dentro del libro
Resultados 1-5 de 100
Página 8
... charged , in stating that the plaintiff's friends , in the advo- cacy of her claims , " had realized the fa- ble of the Frozen Snake , " it was held that the court might judicially take no- tice that the knowledge of that fable of ...
... charged , in stating that the plaintiff's friends , in the advo- cacy of her claims , " had realized the fa- ble of the Frozen Snake , " it was held that the court might judicially take no- tice that the knowledge of that fable of ...
Página 16
... charged , to show how he came by them , would seem naturally , though not necessarily , to exclude every other hypothesis but that of his guilt . But the possession of the same goods , at a remoter time and place , would warrant no such ...
... charged , to show how he came by them , would seem naturally , though not necessarily , to exclude every other hypothesis but that of his guilt . But the possession of the same goods , at a remoter time and place , would warrant no such ...
Página 18
... charge not being proved by that higher degree of evidence which the law demands . In civil cases , it is sufficient if the evidence , on the whole , agrees with and supports the hypothesis which it is adduced to prove ; but in criminal ...
... charge not being proved by that higher degree of evidence which the law demands . In civil cases , it is sufficient if the evidence , on the whole , agrees with and supports the hypothesis which it is adduced to prove ; but in criminal ...
Página 24
... charged.3 § 19. Conclusive presumptions are also made in favor of judicial proceedings . Thus the records of a court of justice are presumed to have been correctly made ; a party to the record is presumed to 崩 and , after verdict , it ...
... charged.3 § 19. Conclusive presumptions are also made in favor of judicial proceedings . Thus the records of a court of justice are presumed to have been correctly made ; a party to the record is presumed to 崩 and , after verdict , it ...
Página 26
... charged with their preservation , and which , therefore , must be proved , or their loss accounted for , and supplied by secondary evidence . Neither does . the rule apply to cases of prescription.3 [ * § 20a . The presumption , omnia ...
... charged with their preservation , and which , therefore , must be proved , or their loss accounted for , and supplied by secondary evidence . Neither does . the rule apply to cases of prescription.3 [ * § 20a . The presumption , omnia ...
Términos y frases comunes
action admitted aliunde alleged assumpsit authority bill Bing Campb character circumstances cited claim common law Commonwealth competent witness conclusive conclusive presumption confession Conn contract copy court Cowen criminal cross-examination Cush debt declarations deed defendant dence doctrine East entries estopped estoppel examination facie fact favor fraud Gray Greenl ground Hamp inadmissible indictment infra instrument interest issue Jackson Johns judge judgment jury justice land Lord Lord Ellenborough Lord Mansfield Mass matter ment nature oath opinion parol evidence particular party perjury Phil Pick plaintiff pleaded presumed presumption prima facie principle prisoner produce proof proved question reason received recital record regard Roman law rule Shepl Smith Stark Stat statute Statute of Frauds sufficient suit supra Taunt testator testify testimony third person tion trial truth verdict voir dire Wend writing
Pasajes populares
Página 548 - 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.
Página 181 - Eyre to be this, — 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.
Página 324 - ... 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.
Página 39 - 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.
Página 296 - 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.
Página 493 - By means of it, the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclination and prejudices, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony...
Página 281 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Página 58 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the Court.
Página 312 - 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...
Página 329 - Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is, on the face of it, perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises, as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.