A Treatise on the Principles of Evidence and Practice as to Proofs in Courts of Common Law: With Elementary Rules for Conducting the Examination and Cross-examination of Witnesses
S. Sweet, 1854 - 807 ページ
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accused action admissible admitted allowed answer appear applied authority believe Benth called cause charged circumstances civil common law competent consequence considered court criminal decision defendant dence direct documents Edition effect established evidence examined existence fact give given ground hand handwriting incompetency indictment infra instance interest issue judge judgment judicial jury justice knowledge least Litt Lord matter means mind nature necessary ness oath objection observed particular party person practice present presumption principle probability proceedings proof prove Published punishment question reason received Reduced rejected relating render reported respect rule says sect seems shew statute suit supposed taken testimony things tion Treatise trial tribunal truth Vict Vols witness writing written
590 ページ - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
540 ページ - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
445 ページ - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
353 ページ - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
726 ページ - Ireland, without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same...
539 ページ - Justice, or before any pei-son now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence...
701 ページ - ... the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
633 ページ - Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone ; if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church : but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.
32 ページ - ... that true it was, that God had endowed his Majesty with excellent science, and great endowments of nature; but his Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods or fortunes of his subjects, are not to be decided by natural reason, but by the artificial reason and judgment of law, which law is an art which requires long study and experience before that a man can attain to the cognizance of it...