A Treatise on the Law of Evidence, Volume 2Gould and Banks and by William Gould and Company, 1823 - Evidence (Law) |
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Page v
... im- portant particulars , because they have been already dis- cussed in the former volume . For this reason , the actions of debt and covenant occupy a small space in the ensuing work ; the rules of Evidence , relating to the.
... im- portant particulars , because they have been already dis- cussed in the former volume . For this reason , the actions of debt and covenant occupy a small space in the ensuing work ; the rules of Evidence , relating to the.
Page vi
... debt . Of the latter kind , are ac- tions on the Case , Replevin , and Trespass . Only a few of this class of actions on the Case have been selected for discussion ; those selected are the actions for Defamation , for malicious ...
... debt . Of the latter kind , are ac- tions on the Case , Replevin , and Trespass . Only a few of this class of actions on the Case have been selected for discussion ; those selected are the actions for Defamation , for malicious ...
Page xiv
... Debt Plea of non est factum Breaches assigned 91 91 91 Solvit ad diem 92 93 94 94 95 - 95 96 Solvit post diem Nil debet Action for Penalties Commencement of action Evidence for Defendant Competency of witness CHAP . VIII . Of Evidence ...
... Debt Plea of non est factum Breaches assigned 91 91 91 Solvit ad diem 92 93 94 94 95 - 95 96 Solvit post diem Nil debet Action for Penalties Commencement of action Evidence for Defendant Competency of witness CHAP . VIII . Of Evidence ...
Page xx
... Debt due 228 Admission of Debtor 228 Proof of Process 228 Proof of Writ and Agency of Bailiff 229 Escape 230 7. Action for Escape in Execution Requisite Proofs 231 231 Proof of Judgment and Writ 231 Proof of Warrant and Arrest 232 ...
... Debt due 228 Admission of Debtor 228 Proof of Process 228 Proof of Writ and Agency of Bailiff 229 Escape 230 7. Action for Escape in Execution Requisite Proofs 231 231 Proof of Judgment and Writ 231 Proof of Warrant and Arrest 232 ...
Page xxii
... Debt 276 Admission of Defendant , Effect of 278 Proceedings of Commissioners 279 Competency of Witness 281 Creditor 281 Bankrupt 284 Bankrupt's Wife 284 Declarations of Bankrupt 284 Proof of Assignment 287 288 Enrolment of Assignment ...
... Debt 276 Admission of Defendant , Effect of 278 Proceedings of Commissioners 279 Competency of Witness 281 Creditor 281 Bankrupt 284 Bankrupt's Wife 284 Declarations of Bankrupt 284 Proof of Assignment 287 288 Enrolment of Assignment ...
Contents
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369 | |
Common terms and phrases
13 Johns 15 Mass acceptance acceptor act of bankruptcy action of trespass admissible admitted alleged assignment assumpsit averment bailiff bankrupt bill bill of lading bond Bull Caines Rep Campb charge Chitty cited commencement contract Court Cranch creditor damages debt declaration deed defendant defendant's delivered delivery demand demise dence drawee drawer Dunl East East's Rep ejectment entitled execution executor facie fact fendant fieri facias held holder indorser issue Jackson judgment jury Justice landlord lease lessor liable libel Lord Ellenborough Lord Mansfield maker malice marriage Maule & Selw ment mitigation of damages necessary non est factum notice officer paid party payable payee payment plaintiff plea plead possession produced promise promissory note proof prove recover rent replevin rule sheriff shew ship Smith statute sufficient Taunt tenant testator third person tion Treat trespass trial trover variance Vide warrant words writ Yeates
Popular passages
Page cxlvii - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c, or any part thereof.
Page clxv - 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,
Page clxv - ... upon any contract or sale of lands, tenements, or hereditaments, or [of] 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.
Page 247 - ... writ or process shall have been delivered to him, or left at the usual place of his abode...
Page 169 - ... the evidence in support of the allegation of a lucid interval, after derangement at any period has been established, should be as strong and as demonstrative of such fact as where the object of the proof is to establish derangement.
Page 280 - God 1536, no manors, lands, tenements, or other hereditaments, shall pass, alter, or change from one to another, whereby any estate of inheritance or freehold shall be made or take effect in any person or persons, or any use thereof to be made, by reason only of any bargain and sale thereof, except the same bargain and sale be made by writing, indented, sealed, and enrolled...
Page 211 - ... unless the party at whose suit the said execution is sued out, shall, before the removal of such goods from off the said premises, by virtue of such execution...
Page 172 - ... or unless the same be altered by some other will or codicil in writing, or other writing of the devisor signed in the presence of three or more witnesses, declaring the same, any former law or usage to the contrary notwithstanding.
Page 171 - I think the strongest and best proof that can arise as to a lucid interval is that which arises from the act itself ; that I look upon as the thing to be first examined, and if it can be proved and established that it is a rational act rationally done the whole case is proved.