A Treatise on the Law of Evidence |
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Page 33
... . : — " Upon the statute of gaming , usury , and the like , but in no other case , are the drawers , indorsers , & c . competent witnesses . The CHAP . V. Of the Incompetency of Witnesses from Interest 33 [ Ch . 5 . Incompetency of Witness.
... . : — " Upon the statute of gaming , usury , and the like , but in no other case , are the drawers , indorsers , & c . competent witnesses . The CHAP . V. Of the Incompetency of Witnesses from Interest 33 [ Ch . 5 . Incompetency of Witness.
Page 34
... that the indorser was not a competent witness to prove usury in the transfer . Minning v . Wheatland , 10 Mass . Rep . 502 . ture also shows , that it acts upon the same 34 Incompetency of Witness from Interest . [ Ch . 5 .
... that the indorser was not a competent witness to prove usury in the transfer . Minning v . Wheatland , 10 Mass . Rep . 502 . ture also shows , that it acts upon the same 34 Incompetency of Witness from Interest . [ Ch . 5 .
Page 39
... usury , had discharged the debt : But , in the Commonwealth v . Frost , 5 Mass . Rep . 53 , it was expressly decided , that the non - payment of the loan did not affect the compe tency of the witness . This last case seems to be an ...
... usury , had discharged the debt : But , in the Commonwealth v . Frost , 5 Mass . Rep . 53 , it was expressly decided , that the non - payment of the loan did not affect the compe tency of the witness . This last case seems to be an ...
Page 56
... usury is set up as a defence , the defend- ant is a competent witness to prove the usury , unless the plaintiff will deny on oath the truth of what the defendant offers to swear against him . Luyten v . Haygood , 2 Bay 177. In ...
... usury is set up as a defence , the defend- ant is a competent witness to prove the usury , unless the plaintiff will deny on oath the truth of what the defendant offers to swear against him . Luyten v . Haygood , 2 Bay 177. In ...
Page 88
... usury , in which , it was said , the party aggrieved may have an ad- vantage by the verdict , and therefore , shall not be re- ceived as a witness . It is , however , now an established rule , that on a prosecution for perjury ( 1 ) the ...
... usury , in which , it was said , the party aggrieved may have an ad- vantage by the verdict , and therefore , shall not be re- ceived as a witness . It is , however , now an established rule , that on a prosecution for perjury ( 1 ) the ...
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Other editions - View all
Common terms and phrases
act of parliament action admissible afterwards answer appear assumpsit attestation Baron Gilbert bill Binney Bull Buller Burr Campb cause Chancery cited claimed common common law competent witness conclusive confession conviction copy Court of King's courts of equity Cowp criminal debt deceased declaration deed defendant defendant's dence depositions East P. C. entry examined execution fact fendant Gilb give evidence given in evidence ground Gwill hand-writing held incompetent indictment indorsement interest issue Johns judges judgment jury Justice King's Bench Leach Cr Lessee Lord Ellenborough Lord Kenyon Lord Mansfield manor marriage ness New-York non est factum oath objection offence opinion parish party perjury person plaintiff plea pleaded presumption prisoner proceedings produced proof prosecution prove question reason received record rejected rule Salk seal sentence stat statute subscribing witness sufficient suit sworn Taunt testator testimony tion trespass trial usury verdict Vide voire dire 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.