A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1876 |
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Página 5
... matter of fact , the truth of which is submitted to investigation , is established or dis- proved . This term , and ... Matters of fact are proved by moral evidence alone ; by which is meant , not only that kind of evidence which is ...
... matter of fact , the truth of which is submitted to investigation , is established or dis- proved . This term , and ... Matters of fact are proved by moral evidence alone ; by which is meant , not only that kind of evidence which is ...
Página 25
... matter charged.1 § 19. Records presumed correct . Conclusive presumptions are also made in favor of judicial proceedings . Thus the records of a court of justice are presumed to have been correctly made ; a party to the record is ...
... matter charged.1 § 19. Records presumed correct . Conclusive presumptions are also made in favor of judicial proceedings . Thus the records of a court of justice are presumed to have been correctly made ; a party to the record is ...
Página 29
... matter recited needs not at any time be otherwise proved , the recital of it in the subsequent deed being conclusive . It is not offered as secondary , but as primary evidence , which cannot be averred against , and which forms a ...
... matter recited needs not at any time be otherwise proved , the recital of it in the subsequent deed being conclusive . It is not offered as secondary , but as primary evidence , which cannot be averred against , and which forms a ...
Página 35
... matter , or by demurring in law , it is thereby conclusively admitted . So also the payment of money into court , under a rule for that purpose , in satisfaction of so much of the claim as the party admits to be due , is a conclusive ...
... matter , or by demurring in law , it is thereby conclusively admitted . So also the payment of money into court , under a rule for that purpose , in satisfaction of so much of the claim as the party admits to be due , is a conclusive ...
Página 55
... matter of mere form . Thus , Lord Mansfield declared that he and some of the other judges had resolved never to suffer a plaintiff in ejectment to be nonsuited by a term , outstanding in his own trustees , nor a satisfied term to be set ...
... matter of mere form . Thus , Lord Mansfield declared that he and some of the other judges had resolved never to suffer a plaintiff in ejectment to be nonsuited by a term , outstanding in his own trustees , nor a satisfied term to be set ...
Otras ediciones - Ver todas
A Treatise on the Law of Evidence, Vol. 1 (Classic Reprint) Simon Greenleaf Sin vista previa disponible - 2017 |
Términos y frases comunes
action admissible admitted aliunde alleged answer attorney authority bill Bing Campb cause character circumstances cited claim common law Commonwealth competent witness conclusive confession Conn contract copy court court of equity Cowen crime criminal cross-examination Cush declarations deed defendant dence deposition East entry estopped estoppel examination facie fact favor fraud Gray Greenl ground held inadmissible indictment infra instrument interest issue Jackson Johns Jones judge judgment jury justice larations Lord Lord Ellenborough Lord Tenterden Mass matter ment nature ness oath opinion parol evidence party perjury person Phil Pick plaintiff pleaded presumed presumption prima facie principle prisoner produce proof proved question reason received record regard Roman law rule Shepl Smith Stark Stat statute Statute of Frauds sufficient suit supra Taunt testator testify testimony tion trial truth voir dire Wend writing
Pasajes populares
Página 321 - 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 391 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 540 - 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 306 - 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 41 - 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 334 - ... 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 237 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake...
Página 540 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Página 435 - degree of credit, which ought to be given to the testimony of an accomplice, is a matter exclusively within the province of the jury. It has sometimes been said, that they ought not to believe him, unless his testimony is corroborated by other evidence ; and, without doubt, great caution in weighing such testimony is dictated by prudence and reason.
Página 257 - A free and voluntary confession," said Eyre, CB,2 " is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...