A Treatise on the Law of Evidence: Being a Consideration of the Nature and General Principles of Evidence, the Instruments of Evidence and the Rules Governing the Production, Delivery and Use of Evidence, ...

Front Cover
Bobbs-Merrill, 1905 - Evidence (Law).
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Contents

ARBITRATION AND AWARD
99
1W1 NoticePublication or deliv
106
CHAPTER LXXXIII
117
ASSIGNEES Sec Sec 1704 Scope of chapterGenerally 1710 Delivery and acceptance 1705 Right of assignee to sueBur 1711 Consideration den of pr...
136
1842a Generally 1853 Best evidence
145
Generally 1727 Money lent 1718 General assumpsitCommon 1728 Money paid counts 1729 Money had and received 1719 Distinguished from othe...
153
Generally 1742 Grounds of attachment 1737 Burden of proof 1743 Absconding debtors 1738 Presumptions 1744 Fraud 1739 Circumstantial eviden...
176
Lien of third party cial condition of debtor
193
CHAPTER LXXXVII
199
Kind or class of bailment tions
206
DamagesActions against third parties
220
DamagesWho may give evi dence Sec 1794 Evidence in particular classes Generally 1795 Evidence in particular classes Gratuitous bailments
221
Evidence In particular classes Warehousemen
223
Evidence in particular classes Innkeepers
224
Pledges
227
CHAPTER LXXXVIII
228
Burden of proof
230
Presumptions
231
Evidence of Intent 1803 Evidence of assets
232
Examination of witnesses
233
Confidential relationship 1806 Examination of bankrupt
234
Criminating evidence
235
Depositions 1810 Concealment and conveyances to defraud creditors
237
Preferences
238
Conclusive evidence of prefer ence
240
General assignment 1815 Admissions of insolvency
241
Discharge of bankrupt
242
Revocation of discharge 1818 Proof of claims
244
Compositions
245
Record evidence
246
Discharge In bankruptcy as a defense
247
CHAPTER LXXXIX
248
Mistake
263
Fraud and duress
264
Presentment and demand
265
Waiver 1837 Protest and notice
266
Notarys certificate
267
Acceptance
269
Payment
270
Usury 1842 Declarations and admissions
274
Parol evidence
275
Burden of proof 1854 Intent IMS Presumptions and rules of 1855 Establishing lost corners law 1856 Surveys maps reports and 1846 Presumptions i...
279
CHAPTER XCI
307
Meaning of term 1900 Breach of contractBurden
324
CHAPTER XCIII
337
Generally 1924 Several plaintiffs or defend
356
Generally 1939 Proof as to foreign corpora
364
Proof of corporate existence 1945 Corporate books as evidence
375
Certificates of incorporation against members
392
CHAPTER CII
562
2082
576
CHAPTER CIV
592
FRAUD FRAUDULENT CONVEYANCE AND DURESS
620
Rule denied or limited 2165 Subsequent creditor
644
CHAPTER CVI
678
Questions of law or fact 2207 Descendants
684
HeirshipDeclarations of an Devisees and Legatees
701
Identity of devisee Parol
707
Pretermitted children
713
CHAPTER CVII
736
Burden of proofAs to crimi general
758
CHAPTER CIX
767
Insanity at time in question tors
775
CHAPTER CX
785
WaiversDenial of all liability 2383 Insurable InterestContinua
786
Burden on plaintiff 2334 Loss within terms of policy
805
Proof of valueGoods and value
811
Change of location vacation 2353 WaiverImplied from con
819
Contract of life insurance
851
InjuryImmediate disability
901
LossesLiability of members
907
SeaworthinessPresumptions
916
LossBurden of proof
922
Publication
932
Special statutes affecting
2463
CHAPTER CXIII
2470
Evidence ofjrobable cause
2476
considered law or fact
2484
Generally 2511 Defects In highwaysWhat
2496
Circumstantial evidence gence
2502
Evidence of repairs and pre utory negligence and other
2508
Admissions and declarations tiffs evidence
2523
Abatement and injunction sance
2530
Estoppel by silenceStanding 2078 Questions of law and fact
2541
Proof of acts and conduct to 2564 Partnership books and papers
2547
Proof of sharing in profits and 2568 Liability of nominal partners
2553
Sharing in profits or profits 2569 Liability of nominal partners
1067
CHAPTER CXVIII
1073
CHAPTER CXIX
1087
Entries and reports
1093
Sec
1103
Proof of warrantiesBurden 2401 Injury or deathPresump
1118
Burden of proofKinds of 2577 Presumptions
1140
Special damages Pleading 2001 Proof when a character is
1154
Earning capacity Impair 2006 Proof of damagesOpinions
1182
Degrees of kindredDetermi 2215 DeviseeDesignation by name
1224
Degrees of kindredComputa 2216 Similarity of nameNo proof
1254
Declarations and statements 2406 Voluntary exposureProof
1278

Common terms and phrases

Popular passages

Page 433 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 589 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 862 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 433 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 433 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 532 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 234 - ... submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate ; but no testimony given by him shall be offered in evidence against him in any criminal proceeding.
Page 899 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Page 879 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
Page 886 - ... was used in the policy in its ordinary, popular sense, as meaning 'happening by chance; unexpectedly taking place; not according to the usual course of things, or not as expected...

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