A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, 第 1 卷A. Maxwell & Son, 1848 - 1386页 |
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常见术语和短语
9 Vict action admissible admitted Alderson alleged amendment appear assumpsit attorney Bayley Bench bill Bing Camp Chancery charge circumstances cited common law conclusive presumption confession Court held criminal Davies deceased declaration declarations against interest deed defendant document Dowl East entitled entries estopped estoppel examination fact favour guilty indictment indorsement instrument issue Jackson Jones judge JUDICIALLY NOTICED jury justice Lord Abinger Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden matter ment Nisi Prius observed offence Parke particular party Patteson payment Peerage person plaintiff plea pleaded possession presumed presumption primâ facie principle prisoner proceedings produce proof proved purporting question reasonable received recognised rejected render Reports respecting rule Russ Scott seal secondary evidence Smith Stark statement statute sufficient Taunt Taylor tenant testimony Tindal tion trespass trial truth vols Williams witness
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第494页 - ... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever...
第470页 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
第493页 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
第564页 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
第495页 - ... shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land or rent...
第99页 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
第216页 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
第24页 - It is the duty of the court to instruct the jury as to the law; and it is the duty of the jury to follow the law, as it is laid down by the court.
第494页 - ... person, or any person claiming through him, to make an entry or distress, or bring an action to recover such land or rent shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments if more than one, was given.
第72页 - And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.