A Treatise on the Law of Evidence, Volume 1Gould and Banks and by William Gould and Company, 1820 - Evidence (Law) |
Contents
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Common terms and phrases
act of parliament action admissible admitted afterwards appear assumpsit attestation averment bill Binney Bull Burr Campb charge cited common law competent witness contract conviction copy Court of King's courts of equity debt declarations deed defendant delivered delivery dence East examined execution fact Gilb give evidence given in evidence grant Gwill hand-writing held indictment intended interest Jackson Johns judges judgment jury Justice King's Bench land Leach Cr lease Lessee Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield manor matter Maule & Selw memorandum ment necessary oath objection opinion parish parol evidence party payment plaintiff pleaded Pleas possession prisoner produced promissory note proof prove question reason received record rule seal shew signed stamp Starkie stat statute of frauds subscribing witness sufficient suit Taunt testator testimony tion trial verdict Vide voire dire writ writing written agreement written instrument
Popular passages
Page 292 - And the said records and 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.
Page 332 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 332 - ... 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 335 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 336 - ... cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery...
Page 412 - 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 366 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 328 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 166 - Certificate has been signed with the Handwriting of the Person or Persons making the same, and whom it shall not be necessary to prove to be a Commissioner or...
Page 327 - And by the same statute it is further enacted, "that all leases, estates, interests, of freehold or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the...