A Treatise on the Law of Evidence, Volume 2C.C. Little and J. Brown, 1854 |
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Halaman 8
... seems to have tended in the opposite direction . The general issue is here still permitted to include all the matters of defence , which it embraced in England prior to the adoption of the New Rules ; and in several of the States , the ...
... seems to have tended in the opposite direction . The general issue is here still permitted to include all the matters of defence , which it embraced in England prior to the adoption of the New Rules ; and in several of the States , the ...
Halaman 21
... seems proper in such cases , to the country , the defendant has the affirmative , and must prove , that the plaintiff is an alien , as alleged in the plea . If the plaintiff should reply , that he was duly natur- alized , the proper ...
... seems proper in such cases , to the country , the defendant has the affirmative , and must prove , that the plaintiff is an alien , as alleged in the plea . If the plaintiff should reply , that he was duly natur- alized , the proper ...
Halaman 23
... seems to be the recovery of costs , where they are given by statute to the party prevailing . In such cases , the only 1 Holman v . Walden , 1 Salk . 6 . 2 Low's case , 4 Greenl . 439 . : - 3 Saund . 44 , n . ( 4 ) ; Jackson on Plead ...
... seems to be the recovery of costs , where they are given by statute to the party prevailing . In such cases , the only 1 Holman v . Walden , 1 Salk . 6 . 2 Low's case , 4 Greenl . 439 . : - 3 Saund . 44 , n . ( 4 ) ; Jackson on Plead ...
Halaman 29
... seems , is not dis- charged but by deed ; and therefore a plea of accord and satisfaction of the bond by matter en pais would be bad ; but if it were a bond with condition , and the plea in such a case had been in discharge of the sum ...
... seems , is not dis- charged but by deed ; and therefore a plea of accord and satisfaction of the bond by matter en pais would be bad ; but if it were a bond with condition , and the plea in such a case had been in discharge of the sum ...
Halaman 31
... seems still to be an open question ; though the weight of authority is in the affirmative . In one case , which was very fully considered , it was laid down as a rule , warranted by the authorities , that a contract or agreement , which ...
... seems still to be an open question ; though the weight of authority is in the affirmative . In one case , which was very fully considered , it was laid down as a rule , warranted by the authorities , that a contract or agreement , which ...
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17 Mass acceptor accord and satisfaction action actual admissible alleged amount assumpsit averment Bank bill or note Bing Bull Campb Chitty & Hulme circumstances claim Common Law contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East Eccl entitled evidence execution executor fact Greenl Hagg Hamp held holder Hulme on Bills Ibid indorser injury issue Jackson Johns judgment Jury land liable loss marriage matter ment mitigation of damages necessary non est factum notice owner paid party patent payable payment person Pick plaintiff plea pleaded possession presumption primâ facie principle promise promissory note proof prove question recover rule Saund seisin Shepl sheriff Smith Stark Stat statute Statute of Frauds statute of limitations Story on Bills sufficient supra Taunt tenant testator tion tort trespass trover Wend witnesses
Bagian yang populer
Halaman 370 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring 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.
Halaman 237 - His heirs and assigns forever against the lawful claims and demands of all persons...
Halaman 39 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Halaman 370 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Halaman 371 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in selfdefence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Halaman 501 - ... or the page immediately following, if it be a book ; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected...
Halaman 13 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Halaman 370 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Halaman 282 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Halaman 205 - It is now well settled that a common carrier may qualify his liability by a general notice to all who may employ him, of any reasonable requisition to be observed on their part, in regard to the manner of delivery and entry of parcels, and the information to be given to him of their contents, the rates of freight, and the like as, for example, that he will not be responsible for goods above the value of a certain sum, unless they are entered as such, and paid for accordingly :