A Digest of the Law of Evidence on the Trial of Actions at Nisi PriusW. Benning, 1844 - 832 páginas |
Dentro del libro
Resultados 1-5 de 99
Página 17
... claim of the latter might be rebutted by shewing that the niece formerly had a legitimate daughter , E. , and that the testator knew nothing of the death of the legitimate , or the birth of the illegimate E. Doe v . Beynon , 12 A. & E ...
... claim of the latter might be rebutted by shewing that the niece formerly had a legitimate daughter , E. , and that the testator knew nothing of the death of the legitimate , or the birth of the illegimate E. Doe v . Beynon , 12 A. & E ...
Página 27
... claim on proof of enjoyment for a less period than the number of years specified in the act . It has been doubted whether the enjoyment of a sawpit and timber- yard for twenty years will establish a right to prevent a neighbour from ...
... claim on proof of enjoyment for a less period than the number of years specified in the act . It has been doubted whether the enjoyment of a sawpit and timber- yard for twenty years will establish a right to prevent a neighbour from ...
Página 30
... claim of highway , for instance , in which all the king's subjects are interested , it seems difficult to say that there ought to be any such limitation . In a matter in which all are concerned , reputation from any one appears to be ...
... claim of highway , for instance , in which all the king's subjects are interested , it seems difficult to say that there ought to be any such limitation . In a matter in which all are concerned , reputation from any one appears to be ...
Página 32
... claiming under them they are in fact acts of ownership , and , as such , evidence of property . Thus old leases of fishing places by the lord of an adjacent manor are evidence of a right to the bed of the river in favour of those who claim ...
... claiming under them they are in fact acts of ownership , and , as such , evidence of property . Thus old leases of fishing places by the lord of an adjacent manor are evidence of a right to the bed of the river in favour of those who claim ...
Página 33
... claim of toll by the corporation ; Brett v . Beales , M. & M. 419 .; R. v . Carpenter , 2 Show . 48 .; but mere entries in the corporation books of orders to grant leases , appointments of commissioners to manage them , & c . , are not ...
... claim of toll by the corporation ; Brett v . Beales , M. & M. 419 .; R. v . Carpenter , 2 Show . 48 .; but mere entries in the corporation books of orders to grant leases , appointments of commissioners to manage them , & c . , are not ...
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Otras ediciones - Ver todas
A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius Henry Roscoe Vista completa - 1844 |
A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius Henry Roscoe Vista completa - 1844 |
Términos y frases comunes
acceptor act of bankruptcy action admissible admitted agreement alleged amount antè assignees assumpsit attorney bankrupt bill of exchange Bing Camp claim contract court covenant creditor damages debt declaration deed defendant pleaded defendant's delivered delivery demand demise dence drawer East ejectment entitled entry execution executor fact fendant fraud given in evidence handwriting held Ibid indorsed interest issue Jones judgment jury land landlord lease lessor liable libel Lord Ellenborough Lord Kenyon Lord Tenterden marriage matter ment Nisi Prius non est factum nonsuit notice to produce officer owner paid parish parol evidence party payable payment plaintiff plea possession premises promissory note proof prove receipt recover rent replevin rule Saund seisin sheriff shew Smith sold stamp Stark statute Statute of Frauds Stra sued sufficient suprà Taunt tenant testator trespass trial trover unless variance verdict voire dire warrant writ
Pasajes populares
Página 191 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Página 317 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Página 447 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Página 306 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Página 447 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Página 69 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Página 630 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the pica of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house.
Página 317 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Página 359 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 164 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...