Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volumes 1-2

Front Cover
Stevens, 1884 - Evidence (Law)
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Contents

Boalcr p Mayor 615
lxv
t Terry 736
lxvii
Bank of New South Wales i Owston 1050
lxix
Alhanibra The 24 421
lxx
Griflits r Ivery 132
lxxii
Hulse 03 190
lxxiii
Blackquicre p Hawkins 79
lxxiv
Deane r Cbiyton 694
lxxvi
Grimman r Lcgge 307 310
lxxviii
Australian c S Navigation Co v Marzotti
lxxix
Berridge 003 605 011
lxxxi
Allard Ex pte 875 1051
lxxxii
Capner r Mincher 366
lxxxv
Grizewood r Illano
lxxxvi
Hutchinson 523
lxxxvii
Allen Bxptt 1043
lxxxviii
Hyde 828
xc
Bonnet 1010 1144
xcv
Aylesbury Ry Co v Mount 1080
xcvi
Do Gaillon r LAiglc 1132
c
Carnforth Haimatitc Iron Co Ex pie 489
ci
Ocean Mar Insur Co
ciii
r Knoop 417 420
cvii
Carpmael r Powis 100
cix
Dclany i Jones fcol
cxi
Table of Statutes cited
cxiv
Table of Rules of the Supreme Court of Judicature 1883 cited
cxl
PART I
1
Dclcgal r Highley 802 SI
2
n New Gas Co 703 704
3
Bostocke 776
4
Clark lOliO Arlil 1060
11
Oral evidence to explain or add to documents
15
Action for infringement of patentscontinued
18
Pickering 599
19
i Rlvington 910
21
Action on bills of exchange cheques and promissory notescontinued
28
Blake
30
on questions of parcel or no parcel
31
Action for defamation 784
33
Heard 04 907
35
Action for disturbance of common 719
37
in favour of regularity of acts appointments kc
41
Hearsay
42
Do Mesnil v Daldn 843 846
45
r L ii N W Ry Co 74
47
Effect of Documentary Evidencecontinued
48
acts of ownership 857
51
Coyney 845 1095
52
R Exch Assur Co 403 404
53
Dickinson 056
56
ordinary business or office
57
Ail wood v Hey wood 907
63
counsel or solicitor
69
Carter Ex pie 19
75
Object of Evidence
76
Bazalgettc 792
82
evidence of other words or libels 793
83
proof of particulars
85
Wright 786
87
12
90
Proof of Documents
91
Custody of ancient writings
97
Butts r Bwann 228
99
Francesco t Masscy 421
103
inquisitions
105
Booth
108
probates and letters of administration
111
r Monmouthshire Ry and Canal
113
Dennett r Atherton 050 660
118
abroad
121
Gorrish 534
131
Appletreewick Lead Mining Co In re 10G3
132
proof of wilU of personalty
135
Attendance of witnessescontinued
144
Flower
145
Grcig 093
148
Banwen Iron Company r Barnett 1072
153
Garlick r Songster 1025
162
when a witness is privileged on ground of public policy
163
Richards 733 735
166
Ellis 721
167
Contradicting opponents witness
171
dead
176
Effect of Acts of Parliament
178
disclaimer and tender of amends 863
181
deny
185
Delamirie 882
187
Loader 193 217 258 867
193
Stephens
194
Statute of Limitations 842
197
Berkeley 803
201
Close SS7
202
notarial and consular certificates
203
Course of Evidence and Practice at Nisi Priiiscontinued
207
Effect of want of stampstamp when presumed
209
Alves i Hodgson
214
Proper denomination
215
agreement
221
Stampscontinued
222
Haine p Davey
227
promissory notes within the Stamp Act 1S70
229
Aniory Rogers 381
234
Power to compromise
262
Amficld r White 656
264
Brookor r Scott 5l9
265
Setoff and counterclaim
268
Action for false imprisonment
271
Garr p Fletcher 862
272
Application to stay execution
274
Holden 041
275
Action for malicious prosecution 809
277
Birden r Keverberg 1132
279
PART II
280
Action on sale of real propertycontinued
285
what is an interest in land within Stat of Frauds s 4
287
Action for disturbance of way 722
294
time for completion c when material
295
ilefenee
297
Cramond 499
301
Action for use and occupation
303
evidence that the defendant was prosecutor 810
305
defendant treated by plaintiff as a trespasser
311
Lord p Tomlin 107
313
Action on bills of exchange cheques and promissory notes
318
S E By Co 710
328
bow proved
337
Milling
338
Grubb 732
339
notice of dishonour and elfect of nonnoticestatute
347
drawers residence
355
alteration
363
Defences in actions on simple contractscontinued
365
Action on bills of exchange cheques and promissory notescontinued
370
Bath and Wells Bishop of 202
371
Gatty r Fry 224
377
Action on policy of insurancecontinued
379
assignment of policy
381
112
383
Lodge
385
other perils
395
concealment misrepresentation fraud
405
Gaylard r Morris 840
408
misrepresentation
411
Action against carriers 559
425
Action on guarantee
430
Gee r Lancashire fcc Ry Co
433
Barnctts case 1008
435
Action on warranty
436
Barrcll Ex pte 301
442
Action on promise of marriage
443
Jones 1021
445
Action on an award
446
Shaw 1005
455
Barretts case 1008
456
Action against solicitor for negligence
457
Barrett r Deere 017 030
463
Action for disturbance of watercourse 733
474
Ingall 203
476
to be made and signed by the parties to
477
Powell 834
480
Barrow Ex pt 903 1050
482
Action for infringement of copyright 738
483
Mawbv 830
486
Action for not delivering goods
487
Barry Ex pte 1002
489
Action for goods sold and delivered
492
Baker 444
495
Geisel Ex ptt 1022
499
Action on sales of stock shares and securities
511
Cartwright 550
521
Sanderson 09
527
Action for money paid
529
Payne
531
Baker 907
533
Action for money had and received 53ft
536
Charlton
538
British EquitabloCo 410
543
conversion 885
549
Bedfern
553
by statuto
555
Barrow 1169
557
Arnsby f Woodward 940
572
Bentley 1119
573
r Hill 69
581
Action against common innkeepers
584
Action for infringement of trade marks 763
586
Arnott
594
Weights and Measures Act 1878
595
Gairdner p Sonhouso
596
Ashby r Bates 263 266
607
Walton 75
609
139
614
limitation of actions in special cases
615
to agent
617
140
621
rescission
625
Clark In re 137
627
Actions on Specialties
635
action against assignee of lease Defence
645
Ingamells 1000
651
Action for double value of land demised
660
Canncll r Curtis 42 785
663
141
668
proof of plaintiffs title Injury to reversion
670

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Common terms and phrases

Popular passages

Page 474 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 475 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 92 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear...
Page 475 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 328 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 327 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 327 - ... within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 559 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 76 - ... the cause or matter may be, unless at the trial or hearing the court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 336 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.

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