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A Treatise on the Law of Evidence: Fifth American, from the ..., Volume 3
Samuel March Phillipps
Visualização completa - 1843
act of parliament action admissible admitted afterwards allowed answer appear assumpsit barratry bill Bull Burr Campb cause charge circumstances cited commissioners common common law competent witness confession considered contract conviction copy court of equity Court of King's Cowp criminal debt deceased declaration deed defendant defendant's dence depositions East entry examined fact felony fendant Gilb give evidence given in evidence ground Gwill held husband incompetent indictment indorsement interest issue Johns judge judgment jury Justice King's Bench Leach Cr Lessee liable Lord Kenyon Lord Mansfield manor marriage ment mitigation of damages ness oath objection offence opinion parish party payment perjury person plaintiff plea pleaded presumption principle prisoner proceedings produced proof prosecution prove question reason received record rejected rule shew Smith stat statute subpoena sufficient suit sworn Taunt testimony tion trespass trial usury verdict Vide voire dire wife writ
Página 301 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Página 333 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 333 - ... 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.
Página 334 - 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...
Página 338 - ... cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery...
Página 416 - 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.
Página 374 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Página 334 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Página 173 - Certificate has been signed with the Handwriting of the Person or Persons making the same, and whom it shall not be necessary to prove to be a Commissioner or...
Página 334 - And by the same statute it is further enacted, "that all leases, estates, interests, of freehold or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the...