A Treatise on the Law of Evidence

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

Of the Evidence of Accomplices Informers
16
Greenslade
17
Of the Admissibility of Accomplices
25
Witness alleging his own Dishonesty
40
Of the Incompetency of Witnesses from Interest
43
Indirect Interest
62
Powis case
63
Perjury
68
Of the Rule of Interest with regard to Persons
71
Other instances 42
77
What is not such an Interest as will disqualify
114
Of certain Exceptions to the General Rule on
128
Other Exceptions by StatuteLocal Acts c
138
Martin
141
Of the mode of objecting to the Competency of
148
Member of Corporation
155
The Exclusion of Matter of Evidence
157
What Communications privileged Where Suit
177
Lord Anglesea
178
Principle of Exclusion
189
Private Communications to Official Persons
195
Of the Exclusion of Hearsay Evidence
217
Exceptions to the Rule excluding Hearsay Evi
222
Hearsay Evidence upon Matters of Pub
250
Birch 800
254
Production of DeedsRule in Prosecutions
264
Hearsay Evidence of Ancient Possession
285
Of Dying Declarations
291
Declarations and Entries by Deceased Persons
306
Alexander
312
Tradesman s Books
337
CHAP XVII
352
Barretts case
370
Bond
373
Clifton 608
381
Dowsing 144 151
415
Confessions
419
Abingdons case
434
Baretows case
435
Exclusion of Secondary Evidence
437
Oit Presumptive Evidence
456
Potts 598
461
Apothecaries Co v Bentley
465
Fabrication of Evidence
467
Gill
474
Loughraan 900
477
Braybrook 624 640
480
On the Relevancy of Presumptions
481
Bate 855
489
Barlow
497
Quantity of Evidence 440
504
PART THE SECOND
505
Bunn 117 520
520
Pickersgill 63
521

Common terms and phrases

Popular passages

Page 868 - ... 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 295 - 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 749 - 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 790 - ... 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 559 - ... 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 798 - 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 867 - 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 742 - 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 764 - 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 305 - ... 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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