A Treatise on the Law of Evidence, Volume 2Gould and Banks and by William Gould and Company, 1823 - Evidence (Law) |
From inside the book
Results 1-5 of 71
Page xiii
... Non - Assumpsit 83 83 84 84 85 85 86 87 87 CHAP . VI . Of Evidence in an Action of Covenant Admissions on Record Non est factum Action against assignee 89 8888 Page Proof confined to Issue 89 Competency of Witness 90 CONTENTS . xit.
... Non - Assumpsit 83 83 84 84 85 85 86 87 87 CHAP . VI . Of Evidence in an Action of Covenant Admissions on Record Non est factum Action against assignee 89 8888 Page Proof confined to Issue 89 Competency of Witness 90 CONTENTS . xit.
Page xli
... record ; but it lies on the defendant to shew that they are not the same , by objecting to the variance between the instrument produced in evidence , and that set forth in the declaration . A variance must be objected to at the trial ...
... record ; but it lies on the defendant to shew that they are not the same , by objecting to the variance between the instrument produced in evidence , and that set forth in the declaration . A variance must be objected to at the trial ...
Page xlii
... record , deed , or other written instrument , in setting forth which , the utmost accuracy is required . Dunlap's Pract . 2 1. Saxton and Hutcheson . John- son , 10 Johns . Rep . 418. But see Dunbar Jump r , Yeate's Rep . 71. The reason ...
... record , deed , or other written instrument , in setting forth which , the utmost accuracy is required . Dunlap's Pract . 2 1. Saxton and Hutcheson . John- son , 10 Johns . Rep . 418. But see Dunbar Jump r , Yeate's Rep . 71. The reason ...
Page liv
... record , and conclusive against him ; and no evidence need be given , in support of the note or bill , on the execution of a writ of inquiry . ( 3 ) The only use in producing the instrument in such a case , is for the purpose of seeing ...
... record , and conclusive against him ; and no evidence need be given , in support of the note or bill , on the execution of a writ of inquiry . ( 3 ) The only use in producing the instrument in such a case , is for the purpose of seeing ...
Page lv
... record only as against himself , and as the de- claration had averred that all the defendants had subscri- bed their hand - writing , the hand - writing of all must be pro- ved . ( 1 ) What has been said respecting the effect of an ...
... record only as against himself , and as the de- claration had averred that all the defendants had subscri- bed their hand - writing , the hand - writing of all must be pro- ved . ( 1 ) What has been said respecting the effect of an ...
Contents
xlii | |
xliv | |
l | |
lxv | |
lxxvii | |
cxviii | |
cxxvi | |
1 | |
16 | |
34 | |
41 | |
62 | |
68 | |
72 | |
78 | |
91 | |
102 | |
103 | |
116 | |
118 | |
128 | |
134 | |
141 | |
231 | |
237 | |
243 | |
249 | |
257 | |
289 | |
302 | |
303 | |
308 | |
311 | |
318 | |
338 | |
340 | |
343 | |
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.