A Treatise on the Law of Evidence |
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Page 29
... plea pleaded , and accuses his accomplices of the same offence . He must also discover upon oath , not only the particular crime charged upon him , but all trea- sons and felonies of which he can give any information , It is then in the ...
... plea pleaded , and accuses his accomplices of the same offence . He must also discover upon oath , not only the particular crime charged upon him , but all trea- sons and felonies of which he can give any information , It is then in the ...
Page 110
... plea , because it is proved only by a single witness , they may be controlled by a prohibition ( 1 ) . Presumptive evidence . SECT . II . Of the Nature of Presumptive Evidence . EVIDENCE consists either of positive or of presumptive ...
... plea , because it is proved only by a single witness , they may be controlled by a prohibition ( 1 ) . Presumptive evidence . SECT . II . Of the Nature of Presumptive Evidence . EVIDENCE consists either of positive or of presumptive ...
Page 126
... plea of non - assumpsit , show any matter , that would not go to the gist of the action , but merely to discharge it , as the statute of limitations ( 7 ) . And though it should appear on the face of the declaration , that the cause of ...
... plea of non - assumpsit , show any matter , that would not go to the gist of the action , but merely to discharge it , as the statute of limitations ( 7 ) . And though it should appear on the face of the declaration , that the cause of ...
Page 127
... plea in abatement , as if the other partner were still alive ( 10 ) ( e ) . * The rule , which has been just laid ... plea of non est factum puts in issue , whether it be the defendant's deed at the time of pleading . Evidence is ...
... plea in abatement , as if the other partner were still alive ( 10 ) ( e ) . * The rule , which has been just laid ... plea of non est factum puts in issue , whether it be the defendant's deed at the time of pleading . Evidence is ...
Page 128
... plea of non est factum , cannot prove payment , or give in evidence a release , or accord and sat- isfaction ; and if the deed is merely voidable , ( as , by rea- son of his infancy , or for duress of his person , ) he may plead such ...
... plea of non est factum , cannot prove payment , or give in evidence a release , or accord and sat- isfaction ; and if the deed is merely voidable , ( as , by rea- son of his infancy , or for duress of his person , ) he may plead such ...
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Common terms and phrases
act of parliament admissible admitted afterwards allowed answer appear assumpsit Baron Gilbert bill Binney Bull Burr Campb cause charge cited claimed common law competent witness conclusive confession considered conviction court of equity Court of King's Cowp criminal debt deceased declaration defendant defendant's dence depositions East P. C. Ex'rs examined fact felony fendant Gilb give evidence given in evidence ground Gwill held husband incompetent indictment indorsement interest issue Jackson Johns judges judgment jury King's Bench Leach Cr Lessee liable Lord Ellenborough Lord Kenyon Lord Mansfield manor marriage Mass ness New-York non est factum oath objection offence opinion parish Parker party perjury person plaintiff plea pleaded presumption principle prisoner proceedings produced proof prosecution prove question reason received record recover rejected rule Salk sentence Smith stat statute subpœna sufficient suit sworn Taunt testimony tion trial usury verdict Vide voire dire wife writ