A Treatise on the Law of Evidence, Том 1Little, Brown, 1892 |
Загальні терміни та фрази
action admissible admitted alleged Allen attorney authority Bank Bing Campb circumstances cited common law Commonwealth competent witness conclusive presumption confession Conn contract conviction court court of equity Cowen crime criminal cross-examination Cush Davis deceased declarations deed defendant dence dying declarations East effect entries estoppel examination excluded executor fact fraud Gray Mass Greenl held husband inadmissible incompetent indictment infra instrument interest issue Jackson Johns Jones judge judicial notice jury justice Lord Lord Ellenborough matter ment ness oath opinion parol evidence party perjury person Phil Pick plaintiff presumed presumption principle prisoner proof proved question R. R. Co reason received record Roman law rule Shepl Smith Stark Stat statement statute Statute of Frauds sufficient suit supra testator testify testimony tion transaction trial voir dire Wend wife
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Сторінка 176 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Сторінка 244 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Сторінка 272 - 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 testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Сторінка 118 - Eyre to be this, — that they are declarations made in extremity, when the party is at the point of death, a^nd 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.
Сторінка liii - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death, I do it of malice, because I do it intentionally and without just cause or excuse.
Сторінка 325 - A person who has been convicted of a crime or misdemeanor is. notwithstanding, a competent witness in a civil or criminal action or special proceeding: but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any question, relevant to that inquiry ; and the party cross-examining him is not concluded, by his answer to such a question.
Сторінка 229 - ... 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Сторінка 442 - 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.
Сторінка lxxxviii - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference as to the principal fact or matter in dispute...
Сторінка 331 - degree of credit, which ought to be given to the testimony of an accomplice, is a matter exclusively within the province of the jury. It has sometimes been said, that they ought not to believe him, unless his testimony is corroborated by other evidence ; and, without doubt, great caution in weighing such testimony is dictated by prudence and reason.