A Compendium of the Law of Evidence |
Common terms and phrases
action admiffible admitted againſt alfo alſo anſwer Baron Gilbert becauſe bill Blac Burr cafe caſe caufe cauſe circumftances confequently confideration confidered copy Corporation of London counfel Court of Juftice Cowp cuſtom decifion declarations deed defendant dence depofitions diſcharged Dougl eftate eſtabliſhed examined fact faid fame feal feems fentence fervant fettlement fhall fhew fhould figned firft fituation fome ftand ftated ftatute fubject fuch fuffered fufficient fuit fworn Gilb give evidence given in evidence hand-writing hearfay evidence held himſelf huſband iffue indictment inftances inftrument intereft itſelf judgment jury Lord Kenyon Lord Mansfield manor marriage muft muſt neceffary oath obferved objection parol evidence party perfon permitted plaintiff poffeffion prefent prefumed proof prove purpoſe queftion queſtion reaſon received record rejected releaſe reſpecting rule Seffions Smitham ſtate Stra ſuch ſuppoſed teftimony thefe theſe thofe thoſe tion trial unleſs uſed verdict Vide voir dire whoſe wife witneſs
Popular passages
Page 130 - But the ground of her it/competency arises from a principle of public policy, which does not permit husband and wife to give evidence that may even tend to criminate each other.
Page 160 - I admit that declarations of the members of a family, and perhaps of others living in habits of intimacy with them, are received in evidence as to pedigrees ; but evidence of what a mere stranger has said has ever been rejected in such cases.
Page 147 - I find the general rule ; I find no decided authority that forms an exception to it ; and nothing but a clear incontrovertible...
Page 150 - ... attested^ copy shall be at any time admitted in evidence, as to such last legal settlement, before any of HM's justices of the peace, or at any general or quarter sessions of the peace...
Page 158 - It was very justly observed by a great judge that "all questions upon the rules of evidence are of vast importance to all orders and degrees of men: our lives, our liberty, and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded.
Page 101 - The defendant bought an eftate for the plaintiff : there was no writing, nor was any part of the money paid by the plaintiff. The defendant articled in his own name, and refufed to convey ; and by his anfwer denied any truft.
Page 159 - ... clerk, and would have been as much entitled to credit as this. But I will go further: If this examination had been taken in order to found an order of removal upon it, still I should have been of opinion that it would be no better, as far as respects the present question, than a mere declaration of the party, the effect of which I shall consider presently. Examinations upon oath, except in the excepted...
Page 168 - ... all. I think the principle is this : if the proceedings in the cause cannot be used for him, he is a competent witness, although he may entertain wishes, upon the subject, for that only goes to his credit, and not to his competency ; *as where he stands in the same situation with the party for whom...
Page 48 - It is in one way only that the sentence or judgment of a court of a foreign state Is examinable In our courts, and that is when the party who claims the benefit of It applies to our courts to enforce it. When It Is thus voluntarily submitted to our jurisdiction, we treat it, not as obligatory to the extent to which it would be obligatory, perhaps, in the country In which it was pronounced, nor as obligatory to the extent to which, by our law, sentences and judgments are obligatory, not as conclusive...
Page 158 - ... All questions upon the rules of evidence are of vast importance to all orders and degrees of men ; our lives, our liberty, and our property, are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered...