A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1866 - 675 páginas |
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Página vii
... render the work acceptable to the profession , as well as useful to the student . I would not herein be thought to ... rendering it indispensable that the work should be rewritten , with exclusive reference to our own jurisprudence . I ...
... render the work acceptable to the profession , as well as useful to the student . I would not herein be thought to ... rendering it indispensable that the work should be rewritten , with exclusive reference to our own jurisprudence . I ...
Página 21
... render it expedient for the common good , that this connection should be taken to be inseparable and universal . They have been adopted by common consent , from motives of public policy , for the sake of greater certainty , and the ...
... render it expedient for the common good , that this connection should be taken to be inseparable and universal . They have been adopted by common consent , from motives of public policy , for the sake of greater certainty , and the ...
Página 38
... render it expedient , that it should be absolutely and imperatively presumed to exist in every case , all evidence to the contrary being rejected ; but yet it is so general , and so nearly universal , that the law itself , with- out the ...
... render it expedient , that it should be absolutely and imperatively presumed to exist in every case , all evidence to the contrary being rejected ; but yet it is so general , and so nearly universal , that the law itself , with- out the ...
Página 58
... rendering a general verdict , the jury must necessarily pass upon the whole issue , compounded of the law and of the fact , and they may thus incidentally pass on questions of law . In forming and return- ing such general verdict , it ...
... rendering a general verdict , the jury must necessarily pass upon the whole issue , compounded of the law and of the fact , and they may thus incidentally pass on questions of law . In forming and return- ing such general verdict , it ...
Página 63
... rendered material by other evidence , which he undertakes to produce . If it is not sub- sequently thus connected with the issue , it is to be laid out of the case.1 § 52. This rule excludes all evidence of collateral facts , or those ...
... rendered material by other evidence , which he undertakes to produce . If it is not sub- sequently thus connected with the issue , it is to be laid out of the case.1 § 52. This rule excludes all evidence of collateral facts , or those ...
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.