A Treatise on the Law of Evidence

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Saunders and Benning, 1838 - Evidence (Law) - 1079 pages
 

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Contents

and of Incompetency from Defect of Under
2
CHAP XIII
4
Clifford
8
Birch
9
OF Incompetency from Infamy of Character
14
Of the Evidence of Accomplices Informers
16
Competency how Restored
20
Of the Admissibility of Accomplices
25
Exceptions to the Rule excluding Hearsay Evi
39
Witness alleging his own Dishonesty
40
Of the Incompetency of Witnesses from Interest
43
Inhabitants of Counties Parishes c
50
Indirect Interest
62
Perjury
68
Of the Rule of Interest with regard to Persons
71
Shore 74 254 264
74
What is not such an Interest as will disqualify
114
Of certain Exceptions to the General Rule on
128
Other Exceptions by StatuteLocal Acts fc
138
Dowsing 144
144
Of the mode of objecting to the Competency of
148
Murray
150
Member of Corporation
155
The Exclusion of Matter of Evidence
157
Donney
159
What Communications privilegedWhere Suit
177
Principle of Exclusion
189
Private Communications to Official Persons
195
Of the Exclusion of Hearsay Evidence
217
Relaxation of the Rule in the case
223
Hearsay Evidence upon Matters of Pub
253
Production of DeedsRule in Prosecutions
264
Of Dying Declarations
291
Tradesmans Books
337
CHAP XVII
352
Clifton
364
Aylwin
374
Brownsord s Edwards 521 v Cook
385
Chase
415
Confessions
419
uy Moore
424
Abingdons case
434
EXCLUSION of Secondary Evidence
437
On Presumptive Evidence
456
Potts
461
Apothecaries Co v Bentley
465
Fabrication of Evidence
467
Braybrook 624 640
468
SurvivorshipMissing ShipsPublic Appoint
469
Bryan y Wagstaff
474
On the Relevancy of Presumptions
481
Winwood
486
PART THE SECOND
505
Verdict upon the same Matter
512
Bunn 117 520 521 Alexander v Brown
519
ON Public Writings not Judicial
589
Randall
591
Dunswell 294
592
Beaumont 836
598
Bishops Books
601
Thompson
604
On the Proof of Written Evidence
609
Holligstyle
611
Petroni
619
Butler
622
Colman
630
Sect IJ Proof of Writings not being Records
632
Of the Proof of Private Writings
648
Lynch
655
Pearce 455
671
Martin
693
Op the Admissibility of Parol Evidence to con
710
Kerr
714
Evidence of Circumstances to which Instrument
731
Interest and Situation of the Writer
734
Of the Admissibility of Parol Evidence
753
Proof of another consideration
762
Synge 248 269 Almons case
764
Parol Evidence to add to Written Instruments
769
Total discharge of a Writing by parol
776
Of the Attendance of Witnesses
779
Delamire
782
Remedies for nonattendance
785
Compensation in cases of Misdemeanors
791
Greenslade 102 120 v Boehm
795
Witness in Foreign Countries or otherwise
796
Of the Inspection of Public Writings
802
Clode
807
Of the Inspection of Private Docu
816
Inspection directed by Statute
822
Of the Right to Begin and to Reply
833
Rule where there are several Issues
839
The Substance of the Issue to
845
Immaterial Arerment
851
Bate
855
Bond
857
Variance in proof of Prescription
858
Amendment of Variances at the Trial
864
Redfern 537 538
874
Of Particulars of Demand
875
Of the Examination of Witnesses
884
Thornton
888
Bridges
909
OF Bills of Exceptions and Demurrers to Evi
946
Parker
965
Batcher and Aldworths case 62 Cartwright v Williams
982
Adeys case
987
On Inquisitions
988
657
1008
518 519
1023

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Common terms and phrases

Popular passages

Page 737 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 271 - 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.
Page 643 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 684 - ... in preferring the indictment, and also payment to the prosecutor and witnesses for the prosecution of such sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate or magistrates (/) and the grand jury, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein...
Page 487 - ... admitted to make a defence, or to examine witnesses, or to appeal from a judgment he might think erroneous; and therefore the depositions of witnesses in another cause in proof of a fact, the verdict of a jury finding the fact, and the judgment of the Court upon facts found, although evidence against the parties, and all claiming under them, are not, in general, to be used to the prejudice of strangers.
Page 692 - Court where the action shall be depending, or to order a commission to issue for the examination of witnesses on oath at any place or places out of such jurisdiction, by interrogatories or otherwise...
Page 737 - that it shall be lawful for any court of record holding plea in civil actions, and any judge sitting at nisi prius, if such court or judge shall see fit so to do, to cause the record, writ, or document on which any trial may be pending before any such court or judge, in any civil action, or in any...
Page 637 - Upon the proof of extrinsic facts, which is always allowed in order to enable the Court to place itself in the situation of the devisor, and to construe his will, it would have appeared that there were at the date of the will two persons, to each of whom the description would be equally applicable. This clearly resembles the case put by Lord Bacon of a latent ambiguity, as where one grants his manor of S.
Page 658 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to...
Page 281 - ... likely to have occurred under circumstances of confusion and surprise, calculated to prevent their being accurately observed, and leading both to mistakes as to the identity of persons, and to the omission of facts essentially important to the completeness and truth of the narrative.

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