A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1866 - 675 páginas |
Dentro del libro
Resultados 1-5 de 97
Página 6
... existence , and general public and external relations . The usual and appropriate symbols of nationality and sovereignty are the national flag and seal . Every sovereign , therefore , recognizes , and , of course , the public tribunals ...
... existence , and general public and external relations . The usual and appropriate symbols of nationality and sovereignty are the national flag and seal . Every sovereign , therefore , recognizes , and , of course , the public tribunals ...
Página 7
... existence of such unacknowledged government or State may , in like manner , be proved ; the rule being , that if a body of persons assemble together to protect themselves , and sup port their own independence , make laws , and have ...
... existence of such unacknowledged government or State may , in like manner , be proved ; the rule being , that if a body of persons assemble together to protect themselves , and sup port their own independence , make laws , and have ...
Página 11
... existence of a rule of practice in that department of the profession . And the United States Supreme Court resorted to the archives and public record - books of the United States to inform themselves of particular facts material to be ...
... existence of a rule of practice in that department of the profession . And the United States Supreme Court resorted to the archives and public record - books of the United States to inform themselves of particular facts material to be ...
Página 21
... existence of others , whether founded upon a mechanical and physical connection , or upon mere probability , depending upon moral evidence . ] § 14. THE general head of PRESUMPTIVE EVIDENCE is usually divided into two branches , namely ...
... existence of others , whether founded upon a mechanical and physical connection , or upon mere probability , depending upon moral evidence . ] § 14. THE general head of PRESUMPTIVE EVIDENCE is usually divided into two branches , namely ...
Página 24
... existence of malice was to be proved , as one of the facts in the case ; and , in the absence of malice , the offence was reduced to the de- gree of manslaughter , as at the common law . Id . v . 22 , 23. This very reasonable ...
... existence of malice was to be proved , as one of the facts in the case ; and , in the absence of malice , the offence was reduced to the de- gree of manslaughter , as at the common law . Id . v . 22 , 23. This very reasonable ...
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.