A Treatise on the Law of Evidence, Volum 2C.C. Little and J. Brown, 1854 |
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Side vii
... CARRIERS CASE COVENANT CUSTOM AND USAGE DAMAGES DEATH DEBT DEED DURESS EJECTMENT 137-149 150-153 154-207 208-222 223-232 233-247 248-252 253-278 278 a , 278 h . 279-292 293-300 • 301-302 303-337 EXECUTORS AND ADMINISTRATORS HEIR 338-352 ...
... CARRIERS CASE COVENANT CUSTOM AND USAGE DAMAGES DEATH DEBT DEED DURESS EJECTMENT 137-149 150-153 154-207 208-222 223-232 233-247 248-252 253-278 278 a , 278 h . 279-292 293-300 • 301-302 303-337 EXECUTORS AND ADMINISTRATORS HEIR 338-352 ...
Side 15
... carrier , and the proof was , that if liable at all , it was only as a wharfinger , on a contract to forward ; 5 and where the contract alleged was , to build for the plaintiff a certain room , booth , or building , according to certain ...
... carrier , and the proof was , that if liable at all , it was only as a wharfinger , on a contract to forward ; 5 and where the contract alleged was , to build for the plaintiff a certain room , booth , or building , according to certain ...
Side 104
... carrier , had by mistake delivered to the defendant , who had consumed them for his own use . So , where a debt has been paid by one of several debtors , or by one of several sureties , the payment is sufficient evidence in support of ...
... carrier , had by mistake delivered to the defendant , who had consumed them for his own use . So , where a debt has been paid by one of several debtors , or by one of several sureties , the payment is sufficient evidence in support of ...
Side 111
... carrier , where the action of money had and received has been held to lie , for there the carrier , by claiming more than he is entitled to , is the wrongdoer . Neither does this properly come within the case of money paid under duress ...
... carrier , where the action of money had and received has been held to lie , for there the carrier , by claiming more than he is entitled to , is the wrongdoer . Neither does this properly come within the case of money paid under duress ...
Side 202
... sued in several actions . See Wisconsin , Rev. Stat . 1849 , ch . 93 , § 9 , 19 , 20. Michigan , Rev. Stat . 1846 , ch . 99 , § 6 , 12 , 17 . CARRIERS . § 208. THERE is no distinction , in 202 [ PART IV . LAW OF EVIDENCE .
... sued in several actions . See Wisconsin , Rev. Stat . 1849 , ch . 93 , § 9 , 19 , 20. Michigan , Rev. Stat . 1846 , ch . 99 , § 6 , 12 , 17 . CARRIERS . § 208. THERE is no distinction , in 202 [ PART IV . LAW OF EVIDENCE .
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17 Mass acceptor accord and satisfaction action actual admissible alleged amount assumpsit averment Bank bill or note Bing Bull Campb Chitty & Hulme circumstances claim Common Law contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East Eccl entitled evidence execution executor fact Greenl Hagg Hamp held holder Hulme on Bills Ibid indorser injury issue Jackson Johns judgment Jury land liable loss marriage matter ment mitigation of damages necessary non est factum notice owner paid party patent payable payment person Pick plaintiff plea pleaded possession presumption primâ facie principle promise promissory note proof prove question recover rule Saund seisin Shepl sheriff Smith Stark Stat statute Statute of Frauds statute of limitations Story on Bills sufficient supra Taunt tenant testator tion tort trespass trover Wend witnesses
Populære avsnitt
Side 370 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Side 237 - His heirs and assigns forever against the lawful claims and demands of all persons...
Side 39 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Side 370 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Side 371 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in selfdefence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Side 501 - ... or the page immediately following, if it be a book ; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected...
Side 13 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Side 370 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Side 282 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Side 205 - It is now well settled that a common carrier may qualify his liability by a general notice to all who may employ him, of any reasonable requisition to be observed on their part, in regard to the manner of delivery and entry of parcels, and the information to be given to him of their contents, the rates of freight, and the like as, for example, that he will not be responsible for goods above the value of a certain sum, unless they are entered as such, and paid for accordingly :