A Treatise on the Law of Evidence |
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Page viii
... dered with reference to the Husband or Wife of the Party 63 63 Page Sect . 4. Of the Effect of Admissions by. Reason of the Rule Examples Exceptions 64-67 67-71 237-242 in Criminal Proceedings Exemptions 406-409 Carr v . Heaton CONTENTS .
... dered with reference to the Husband or Wife of the Party 63 63 Page Sect . 4. Of the Effect of Admissions by. Reason of the Rule Examples Exceptions 64-67 67-71 237-242 in Criminal Proceedings Exemptions 406-409 Carr v . Heaton CONTENTS .
Page 3
... husband ( 8 ) . If a cause appointed for one sitting be made a remanet , the subpœna must be re - sealed and re - served ( 9 ) . If a witness , who has been duly served with the writ , and has had a tender of the reasonable expenses ...
... husband ( 8 ) . If a cause appointed for one sitting be made a remanet , the subpœna must be re - sealed and re - served ( 9 ) . If a witness , who has been duly served with the writ , and has had a tender of the reasonable expenses ...
Page 33
... husband or wife of the party ; Fourthly , of the effect of admissions by a party to the suit or his agent , against the party's interest . Fifthly , of the admissibility of the confession of a pris- oner against himself ; Sixthly , of ...
... husband or wife of the party ; Fourthly , of the effect of admissions by a party to the suit or his agent , against the party's interest . Fifthly , of the admissibility of the confession of a pris- oner against himself ; Sixthly , of ...
Page 36
... husband had been before convicted , was admitted to give evidence against the prisoner , though she expected that , in case of his conviction , her husband would receive a par- don . So , in the case of Bent v . Baker , which was an ac ...
... husband had been before convicted , was admitted to give evidence against the prisoner , though she expected that , in case of his conviction , her husband would receive a par- don . So , in the case of Bent v . Baker , which was an ac ...
Page 56
... husband , she is a competent witness . Stanton v . Bird's Executors , 3 Day 37. And in South Carolina , where usury is set up as a defence , the defend- ant is a competent witness to prove the usury , unless the plaintiff will deny on ...
... husband , she is a competent witness . Stanton v . Bird's Executors , 3 Day 37. And in South Carolina , where usury is set up as a defence , the defend- ant is a competent witness to prove the usury , unless the plaintiff will deny on ...
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Common terms and phrases
act of parliament action admissible admitted afterwards agent allowed answer appear assumpsit barratry Binney Bull Buller Burr Campb cause charge cited claimed common common law competent witness confession contract conviction court of equity Court of King's Cowp criminal debt deceased declarations deed defendant defendant's dence East P. C. entry examined fact fendant Gilb give evidence given in evidence Gwill held husband incompetent indictment indorsement interest issue Jackson Johns judges judgment jury Justice King's Bench Leach Cr Lessee liable Lord Ellenborough Lord Kenyon Lord Mansfield manor Mass ness New-York nisi prius non est factum oath objection offence opinion parish party payment perjury person plaintiff pleaded presumed presumption principle prisoner produced proof prosecution question reason received recover rejected rule Salk Smith stat statute subpœna sufficient suit sworn Taunt testimony tion trespass trial usury variance verdict Vide voire dire wife writ
Popular passages
Page 305 - 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 443 - Car. 2. c. 3. § 4., enacts, that " 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 179 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 443 - ... or 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 ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 77 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Page 419 - 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 462 - I take it that nothing is considered as a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed. For instance, if, upon a parol agreement, a man is admitted into possession, he is made a trespasser and is liable to answer as a trespasser if there be no agreement.
Page 379 - 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 443 - ... 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...
Page 445 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.