A Treatise on the Law of Evidence, Volume 3Little, Brown,, 1883 - Evidence (Law) |
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Common terms and phrases
5th Eng admissible admitted affidavit alleged answer apply assault bill bill of lading captured cause chancery character charge charter-party circumstances collision Comm committed common law Commonwealth competent Const constitute contract conviction Court of Chancery courts of admiralty courts of equity courts-martial crime criminal Cush David Pratt defendant dence depositions documents East equity examination fact false felony fraud guilty Hale held indictment intent interrogatories issue judge jurisdiction jury larceny Law & Eq Leading Crim libel Lord manslaughter martial law Mass matter ment murder necessary oath offence officer owner Paige party perjury person plaintiff possession presumption principle prisoner prize proceedings prosecution prosecutor proved question reason Regina rule Russ seamen ship statute sufficient suit Sumn supra taken testimony tion trial U. S. Stat United vessel viva voce Wheat witness
Popular passages
Page 230 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 232 - Constitution denominated in the third article 'law'; not merely suits which the common law recognized among its old and settled proceedings but suits in which legal rights were to be ascertained and determined in contradistinction to those where equitable rights alone were recognized and equitable remedies were administered, or where, as in the admiralty, a mixture of public law and of maritime law and equity was often found in the same suit.
Page 161 - A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse...
Page 32 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 285 - In the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the 'parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery.
Page 237 - The trial by jury in all cases in which it has been heretofore used, shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 89 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some inirpose, not in itself criminal or unlawful, by criminal or unlawful means.
Page 232 - The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried or to which the record was properly returnable, or the award of a venire facias de novo by an appellate court for some error of law which intervened In the proceedings.
Page 232 - And the trial of issues in fact in the supreme court, in all actions at law against citizens of the United States, shall be by jury.
Page 89 - We use the terms criminal or unlawful, because it is manifest that many acts are unlawful, which are not punishable by indictment or other public prosecution; and yet there is no doubt, we think, that a combination by numbers to do them would be an unlawful conspiracy, and punishable by indictment.