A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1866 - 675 páginas |
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Página 36
... question was , whether the legacy was lapsed by the death of the son in the lifetime of the father . The Master of the Rolls refused to decide the question by presumption , and directed an issue , to try the fact by a jury.2 But the ...
... question was , whether the legacy was lapsed by the death of the son in the lifetime of the father . The Master of the Rolls refused to decide the question by presumption , and directed an issue , to try the fact by a jury.2 But the ...
Página 37
... question to a jury , to whose province it pecu- liarly belongs . § 31. Conclusive presumptions of law are not unknown to the law of nations . Thus , if a neutral vessel be found carrying de- spatches of the enemy between different parts ...
... question to a jury , to whose province it pecu- liarly belongs . § 31. Conclusive presumptions of law are not unknown to the law of nations . Thus , if a neutral vessel be found carrying de- spatches of the enemy between different parts ...
Página 39
... question whether the crime is murder or manslaughter is to be decided upon the evidence , and not upon any presumption from the mere act of killing . 2. That if there be any such presumption , it is a pre- sumption of fact ; and if the ...
... question whether the crime is murder or manslaughter is to be decided upon the evidence , and not upon any presumption from the mere act of killing . 2. That if there be any such presumption , it is a pre- sumption of fact ; and if the ...
Página 57
... question , in effect , is upon the sufficiency and weight of the evidence . But in trials by jury , it is the province of the presiding judge to determine all questions on the admissibility of evidence to the jury ; as well as to ...
... question , in effect , is upon the sufficiency and weight of the evidence . But in trials by jury , it is the province of the presiding judge to determine all questions on the admissibility of evidence to the jury ; as well as to ...
Página 58
... questions of fact are , in the first. jury are no more judges of the law in a capital or other criminal case , upon a ... question of fact , it is within the legitimate province of the jury to revise , reconsider , and de cide contrary to ...
... questions of fact are , in the first. jury are no more judges of the law in a capital or other criminal case , upon a ... question of fact , it is within the legitimate province of the jury to revise , reconsider , and de cide contrary to ...
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.