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
... necessary for pre- serving the consistency of the entire work . In treating of some actions , especially those on Promis- sory Notes and Bills of Exchange , the Author has entered more fully into the general rules of law on these ...
... necessary for pre- serving the consistency of the entire work . In treating of some actions , especially those on Promis- sory Notes and Bills of Exchange , the Author has entered more fully into the general rules of law on these ...
Page xvii
... necessary 171 Proof of Entry when necessary 172 xviii 1. Action by Landlord on expiration of Term Proof 3 . CONTENTS . xvii.
... necessary 171 Proof of Entry when necessary 172 xviii 1. Action by Landlord on expiration of Term Proof 3 . CONTENTS . xvii.
Page xli
... necessary . The note or bill having thus been pro ved , its identity with or variance from that on which the action is founded , will appear from comparing it with the record ; but it lies on the defendant to shew that they are not the ...
... necessary . The note or bill having thus been pro ved , its identity with or variance from that on which the action is founded , will appear from comparing it with the record ; but it lies on the defendant to shew that they are not the ...
Page lii
... necessary for the purpose of connecting the defendant ( 1 ) By stat . 17 G. 3. c . 80. s . 1 . ( 2 Upon these points , and oth- ers connected with them , see first vol . of Treatise on Evidence , p . 503. 512 . 4 ( a ) Vide January v ...
... necessary for the purpose of connecting the defendant ( 1 ) By stat . 17 G. 3. c . 80. s . 1 . ( 2 Upon these points , and oth- ers connected with them , see first vol . of Treatise on Evidence , p . 503. 512 . 4 ( a ) Vide January v ...
Page lv
... necessary , in this action , to prove a de- Demand of mand of payment on the part of the plaintiff , when the payment . promise to pay is general ( 3 ) ; the action itself being a suffi- cient demand . ( b ) But if the promissory note ...
... necessary , in this action , to prove a de- Demand of mand of payment on the part of the plaintiff , when the payment . promise to pay is general ( 3 ) ; the action itself being a suffi- cient demand . ( b ) But if the promissory note ...
Contents
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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.