A Treatise on the Law of Evidence, Volume 2Little, Brown,, 1883 - Evidence (Law) |
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Page 32
... express or implied , or by law ; and if the defendant is charged as bailiff , or guardian , or receiver , or tenant in common , or joint tenant , he must be proved to have acted in the specific character charged ; for the measure of ...
... express or implied , or by law ; and if the defendant is charged as bailiff , or guardian , or receiver , or tenant in common , or joint tenant , he must be proved to have acted in the specific character charged ; for the measure of ...
Page 45
... express language , or by inference deduced from facts and con- duct . " ( a ) This statement has not been re- ceived with entire satisfaction in England . Turton v . Turton , 3 Hagg . 338 ; Goodall v . Goodall , 2 Lee , 384 ; Sopwith v ...
... express language , or by inference deduced from facts and con- duct . " ( a ) This statement has not been re- ceived with entire satisfaction in England . Turton v . Turton , 3 Hagg . 338 ; Goodall v . Goodall , 2 Lee , 384 ; Sopwith v ...
Page 46
... express condition , the condition must be fulfilled . It must also appear that the injured party had full knowledge , or , at least , an undoubting belief of all the adulterous connection , and that there was a condonation subsequent to ...
... express condition , the condition must be fulfilled . It must also appear that the injured party had full knowledge , or , at least , an undoubting belief of all the adulterous connection , and that there was a condonation subsequent to ...
Page 53
... express or implied.6 § 64 a . Extent of agency . The mere existence of the relation , however , establishes an agency no further than is necessary for the discharge of the duties ordinarily belonging to it . Thus , the ac- 1 Flint v ...
... express or implied.6 § 64 a . Extent of agency . The mere existence of the relation , however , establishes an agency no further than is necessary for the discharge of the duties ordinarily belonging to it . Thus , the ac- 1 Flint v ...
Page 54
... express authority , pledge his foreign principal's credit . This usage of trade is so well established , that the courts are inclined to treat this rule as matter of law . Armstrong v . Stokes , L. R. 7 Q. B. 528 ; Die Elbinger v ...
... express authority , pledge his foreign principal's credit . This usage of trade is so well established , that the courts are inclined to treat this rule as matter of law . Armstrong v . Stokes , L. R. 7 Q. B. 528 ; Die Elbinger v ...
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Common terms and phrases
acceptance acceptor action actual admissible adultery agent alleged amount arbitrators assumpsit attorney authority averment award Bank bill or note Bing breach burden of proof Campb cause Chitty & Hulme circumstances claim common carrier common law Conn consideration contract court covenant Cush damages debt declaration deed defendant defendant's demand drawer East fact fraud Gray Mass Greenl Hagg held holder Hulme on Bills indorser injury insured issue Johns judgment jury land Law & Eq liable libel loss malice marriage ment mitigation of damages negligence non est factum notice paid partner party payable payment Penn person Pick plaintiff plea pleaded presumption prima facie principal promise promissory note prove question R. R. Co reasonable received recover rule seisin Smith Stark Stat statute statute of limitations Story on Bills sufficient suit supra Taunt tion tort trespass unless Wend witness
Popular passages
Page 358 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 357 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 356 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Page 357 - ... (notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit) he is nevertheless punishable, according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law; by which expression we understand your Lordships to mean the law of the land.
Page 472 - A partnership is a contract of two or more competent persons, to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, and to divide the...
Page 401 - ... fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 357 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 354 - A man is not to be excused from responsibility, if he has capacity and reason sufficient to enable him to distinguish between right and wrong as to the particular act he is then doing; a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 641 - ... such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 462 - ... in an action for nuisance to property, arising from noxious vapors, the injury to be actionable must be such as visibly to diminish the value of the property and the comfort and enjoyment of it.