A Treatise on the Law of Evidence in Scotland, Volume 1 |
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A Treatise on the Law of Evidence in Scotland William Gillespie Dickson,John Skelton No preview available - 2015 |
Common terms and phrases
acceptor action of damages admissible admitted agreement alleged allowed apply averment bank Bell's bill Campbell charge circumstances circumstantial claim competent constituted Court held Court of Session creditor debt debtor deed defender defender's deponed document drawer Elch England Ersk ex facie fact favour Fraser granted granter Greenl ground heir holograph House of Lords Hume indorsation inference infra issue jury lease letter lex loci contractus libelled Lord Advocate Lord Chancellor Lord Justice-Clerk Lord Ordinary M'Intosh marriage ment notaries oath on reference obligation party patent ambiguity payment person pleaded possession prescription prescriptive period presumed presumption principle probative proof prout de jure proved by parole pursuer question rei interventus resting-owing rule Scotland shew signed Stair Starkie statute statutory Stewart subscription supra tenant testator testing clause tion trial trustee verbal verdict Vict witnesses writ or oath writing
Popular passages
Page 111 - a, public nature as to be admissible in evidence on its mere production from the proper custody, and no Statute exists which renders its contents proveable by means of a copy, any copy thereof, or extract therefrom, shall be admissible in evidence,
Page 163 - equivocation,' that is, the words equally apply to either manor, and evidence of previous intention may be received to solve this latent ambiguity; for the intention shows what he meant to do; and when you know that, you immediately perceive that he has done it by the general words he
Page 350 - of contracts made in one country and put in suit in the courts of law of another country appears to be this, that the interpretation of the contract must be governed by the law of the country where the contract was made
Page 447 - and all codicils, deeds of nomination, decrees of declarator, and other writings bearing reference to conveyances separately granted, and naming or appointing persons to exercise or enjoy the rights or powers conferred by such conveyances, shall be deemed and taken, for the purposes of this act, to be part of the conveyances to which they separately bear reference.
Page 10 - the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of the ship at the time, unless it is shown
Page 202 - a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jury in that condition, that they cannot say
Page 376 - be the trustee, and against whom, or his heirs or assignees, the declarator shall be intented, or unless the same be referred to the oath of party simpliciter; declaring that this act shall not extend to the indorsation of bills of exchange, or the notes of any trading company.
Page 85 - whether he has on any specified occasion made a statement on any matter pertinent to the issue, different from the evidence given by him in such action or proceeding; and it shall be competent in the course of such action or proceeding to adduce
Page 202 - in that condition, that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge
Page 133 - The written agreement merely regulates the time of hiring and the rate of payment; and I shall not allow any evidence to be given by the plaintiff in contradiction of these terms; but I am of opinion that it is competent to the plaintiff to give in evidence suppletory matter as part of the agreement.