A Treatise on the Law of Evidence |
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Page 19
... respect to perjury , it may be thought by some , that a man who , from motives of interest , has been led to violate an oath in one in- stance , is unfit to be trusted , even where he has no assignable motive for giving false evidence ...
... respect to perjury , it may be thought by some , that a man who , from motives of interest , has been led to violate an oath in one in- stance , is unfit to be trusted , even where he has no assignable motive for giving false evidence ...
Page 27
... respect to which they have appeared as witnesses against others , though it may be made the ground of a motion for putting off their trial , in order to allow time for an application to the proper quarter . ( 2 ) With regard to other ...
... respect to which they have appeared as witnesses against others , though it may be made the ground of a motion for putting off their trial , in order to allow time for an application to the proper quarter . ( 2 ) With regard to other ...
Page 34
... respect to all the pri soners , ( when several are tried , ) and with respect to the share they have each taken in the transaction ; for if the jury are satisfied , that he speaks truth in those parts in which they see unimpeachable ...
... respect to all the pri soners , ( when several are tried , ) and with respect to the share they have each taken in the transaction ; for if the jury are satisfied , that he speaks truth in those parts in which they see unimpeachable ...
Page 56
... respect of a liability over to the other defendant , for whom he is called as a witness . Where no nolle prosequi is entered as to the witness , his situation is obviously different . In an action of assumpsit on a joint contract ...
... respect of a liability over to the other defendant , for whom he is called as a witness . Where no nolle prosequi is entered as to the witness , his situation is obviously different . In an action of assumpsit on a joint contract ...
Page 59
... respect to him , he may he called as a witness on behalf of a co - defendant . Some contrariety of practice has prevailed with respect to the particular stage of the cause , at which the of taking ver- separate verdict may be taken in ...
... respect to him , he may he called as a witness on behalf of a co - defendant . Some contrariety of practice has prevailed with respect to the particular stage of the cause , at which the of taking ver- separate verdict may be taken in ...
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Other editions - View all
A Treatise on the Law of Evidence, Vol. 2 (Classic Reprint) S. March Phillipps No preview available - 2016 |
Treatise on the Law of Evidence, Vol. 2 (Classic Reprint) S. March Philips No preview available - 2017 |
Common terms and phrases
action admissible admissible evidence admitted appears attorney authority bankrupt bill Bing Camp Campb Chancery circumstances cited claim competent witness confession considered conviction copy Court criminal deceased declarations declarations against interest deed defendant dence depositions dying declarations East effect entry estoppel examined fact Gilb give evidence given in evidence ground Gwill handwriting hearsay evidence held House of Lords Howell's St incompetent indictment indorsement instrument interest Judges judgment jury lease letter liable Lord Ellenborough Lord Kenyon Lord Lyndhurst Lord Mansfield Lord Tenterden manor marriage matter ment nisi prius nolle prosequi oath objection observed offence opinion parish parol evidence particular party pedigree peerage person plaintiff pleaded presumption principle prisoner proceedings produced proof prosecution prosecutor prove question received in evidence record rejected respect rule secondary evidence shew statute suit Taunt testator testimony tion trial verdict voire dire wife writing
Popular passages
Page 737 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 271 - The general principle on which this species of evidence is admitted is 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. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 643 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 684 - ... in preferring the indictment, and also payment to the prosecutor and witnesses for the prosecution of such sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate or magistrates (/) and the grand jury, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein...
Page 487 - ... admitted to make a defence, or to examine witnesses, or to appeal from a judgment he might think erroneous; and therefore the depositions of witnesses in another cause in proof of a fact, the verdict of a jury finding the fact, and the judgment of the Court upon facts found, although evidence against the parties, and all claiming under them, are not, in general, to be used to the prejudice of strangers.
Page 692 - Court where the action shall be depending, or to order a commission to issue for the examination of witnesses on oath at any place or places out of such jurisdiction, by interrogatories or otherwise...
Page 737 - that it shall be lawful for any court of record holding plea in civil actions, and any judge sitting at nisi prius, if such court or judge shall see fit so to do, to cause the record, writ, or document on which any trial may be pending before any such court or judge, in any civil action, or in any...
Page 637 - Upon the proof of extrinsic facts, which is always allowed in order to enable the Court to place itself in the situation of the devisor, and to construe his will, it would have appeared that there were at the date of the will two persons, to each of whom the description would be equally applicable. This clearly resembles the case put by Lord Bacon of a latent ambiguity, as where one grants his manor of S.
Page 658 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to...
Page 281 - ... likely to have occurred under circumstances of confusion and surprise, calculated to prevent their being accurately observed, and leading both to mistakes as to the identity of persons, and to the omission of facts essentially important to the completeness and truth of the narrative.