A Treatise on the Law of Evidence, Volume 2Little, Brown,, 1883 - Evidence (Law) |
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Page 35
... prove the act of adultery when it is relied on as a ground of divorce , or to support an action on the case , is that the party relying on such act should prove it by a preponderance of the evidence . He is not required to prove it ...
... prove the act of adultery when it is relied on as a ground of divorce , or to support an action on the case , is that the party relying on such act should prove it by a preponderance of the evidence . He is not required to prove it ...
Page 38
... proved unavoidably lead.4 § 44. Facts tending to prove adultery . Adultery of the wife may be proved by the birth of a child and non - access of the husband , he being out of the realm ; 5 and if adultery is alleged to have been ...
... proved unavoidably lead.4 § 44. Facts tending to prove adultery . Adultery of the wife may be proved by the birth of a child and non - access of the husband , he being out of the realm ; 5 and if adultery is alleged to have been ...
Page 43
... prove a marriage , for it amounted only to an admission that she was reputed to be his wife . But any recognition of a person standing in a given relation to others is prima facie evidence , against the person making such recognition ...
... prove a marriage , for it amounted only to an admission that she was reputed to be his wife . But any recognition of a person standing in a given relation to others is prima facie evidence , against the person making such recognition ...
Page 53
... proved by the kind of evidence appropriate to the case . Thus , where the sheriff was sued for the wrongful act of a bailiff , it was held not enough to prove him a general bailiff , by official acts done by him as such ; but proof was ...
... proved by the kind of evidence appropriate to the case . Thus , where the sheriff was sued for the wrongful act of a bailiff , it was held not enough to prove him a general bailiff , by official acts done by him as such ; but proof was ...
Page 63
... proved by the attesting witnesses . * § 72. Submission . If the submission was by parol , it is material to prove not only that both parties promised to abide by the award , but that the promises were concurrent and mutual ; for ...
... proved by the attesting witnesses . * § 72. Submission . If the submission was by parol , it is material to prove not only that both parties promised to abide by the award , but that the promises were concurrent and mutual ; for ...
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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.