A Treatise on the Law of Evidence, as Administered in England and Ireland: With Illustrations from the American and Other Foreign Laws, Volume 2 |
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Common terms and phrases
11 Vict 9 Vict action admissible admitted agreement Alderson answer appear apply assignees assumpsit attendance attesting attorney authorised bill Bing called Camp cause certificate Chancery cited clerk commissioners common law competent contract copy Court of Chancery Courts of Equity criminal cross-examination custody debt declaration deed defendant depositions documents Dowl duly East enacts entitled equity examined execution fact give evidence granted handwriting indictment inspect instrument intended issue judge judgment jury justice lease Lord Abinger Lord Brougham Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden marriage ment oath offence officer Parke parol evidence party Patteson payment perjury person plaintiff prisoner proceedings produced proof prosecution proved purporting purpose question recognised record respect rule seal signature signed statute Statute of Frauds subpoena summons sworn testator testimony thereof Tindal trial Wigram witness writ writing written
Popular passages
Page 709 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and 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 and of each other but no form of attestation shall be necessary.
Page 719 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 718 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the will...
Page 737 - Courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and Friday, Nov. 3. 1843. MICHAELMAS TERM, VII V1CT. thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 868 - ... no person offered as a witness shall hereafter be excluded, by reason of incapacity from crime or interest (g), from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue joined or of...
Page 685 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 685 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 717 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 685 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 720 - That no will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and shewing an intention to revive the same...