A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1866 - 675 páginas |
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Página xi
... cited , where they are not otherwise expressed , are the follow- ing : - Alciati , Opera Omnia . Basileæ . 1582. 4 tom . fol . Best on Presumptions . Lond . 1844 . Best Principles of Evidence . Lond . 1849 . Canciani , Leges Barbarorum ...
... cited , where they are not otherwise expressed , are the follow- ing : - Alciati , Opera Omnia . Basileæ . 1582. 4 tom . fol . Best on Presumptions . Lond . 1844 . Best Principles of Evidence . Lond . 1849 . Canciani , Leges Barbarorum ...
Página xv
... Witnesses 431-469 CHAPTER IV . Of Public Documents 470-498 CHAPTER V. Of Records and Judicial Writings . 499-556 · · CHAPTER VI . Of Private Writings 557-583 INDEX TO CASES CITED . A. Section Section Alcock v CONTENTS . XV.
... Witnesses 431-469 CHAPTER IV . Of Public Documents 470-498 CHAPTER V. Of Records and Judicial Writings . 499-556 · · CHAPTER VI . Of Private Writings 557-583 INDEX TO CASES CITED . A. Section Section Alcock v CONTENTS . XV.
Página xviii
... . Wade patrick 323 Baird v . Cochran Atto . - Gen . v . Boston 293 v . Fortune v . Bowman 54 , 55 Baker v . Arnold 392 430 485 493 289 452 287 245 Section Section Baker v . Blunt 574 Barrington v . xviii INDEX TO CASES CITED .
... . Wade patrick 323 Baird v . Cochran Atto . - Gen . v . Boston 293 v . Fortune v . Bowman 54 , 55 Baker v . Arnold 392 430 485 493 289 452 287 245 Section Section Baker v . Blunt 574 Barrington v . xviii INDEX TO CASES CITED .
Página xix
... . Thompson 322 Bealey v . Shaw 17 v . Union Mut . Fire Ins . Beall v . Beck 187 Co. Barretto v . Snowden 281 Beaman v . Russell 564 391 Beamon v . Ellice 432 Bean v . Quimby Section 241 Section Beard v . INDEX TO CASES CITED . xix.
... . Thompson 322 Bealey v . Shaw 17 v . Union Mut . Fire Ins . Beall v . Beck 187 Co. Barretto v . Snowden 281 Beaman v . Russell 564 391 Beamon v . Ellice 432 Bean v . Quimby Section 241 Section Beard v . INDEX TO CASES CITED . xix.
Página xx
... . Edwards 505 v . Watson 319 v . Morgan 81 a v . Womack 49 Bixby v . Franklin Ins . Co. 494 Bennett's ' s case 228 Black v . Ld . Braybrook 70 , 514 Section Section Black v . Lamb Blackburn v . Scholes XX INDEX TO CASES CITED .
... . Edwards 505 v . Watson 319 v . Morgan 81 a v . Womack 49 Bixby v . Franklin Ins . Co. 494 Bennett's ' s case 228 Black v . Ld . Braybrook 70 , 514 Section Section Black v . Lamb Blackburn v . Scholes XX INDEX TO CASES CITED .
Términos y frases comunes
action admissible admitted alleged allowed answer appear applied authority Bank bill Bing called Campb cause character charge circumstances cited claim common competent witness conclusive confession considered contract copy course court criminal Cush decision deed defendant dence deposition East effect evidence examination exception execution existence extended fact former give given Gray ground held intention interest issue Johns judge judgment jury justice land Lord Mass material matter meaning nature necessary notice oath objection observed offered officer opinion original parol evidence particular party person Phil Pick plaintiff practice presumed presumption principle produce proof proved question reason received record regard relation render rule seems Smith Stark Stat statute sufficient suit supra taken testify testimony thing tion trial truth United unless Wend wife writing written
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.