A Treatise on the Law of Evidence, Volum 2C.C. Little and J. Brown, 1854 |
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Side 6
... possession by right as against the defendant , the unlawful entry of the defendant , and the damages done by him , if more than nominal damages are claimed . But if the defendant specially pleads , that the plaintiff gave him a license ...
... possession by right as against the defendant , the unlawful entry of the defendant , and the damages done by him , if more than nominal damages are claimed . But if the defendant specially pleads , that the plaintiff gave him a license ...
Side 8
... possession or title ; and in actions of trespass de bonis asportatis , this plea operates only as a denial of the fact of taking or damaging the goods mentioned , but not of the plaintiff's property therein . § 9. While the learned ...
... possession or title ; and in actions of trespass de bonis asportatis , this plea operates only as a denial of the fact of taking or damaging the goods mentioned , but not of the plaintiff's property therein . § 9. While the learned ...
Side 23
... possession . It is also shown , by proof of an entry with claim of title ; 5 or , by a deed of con- veyance from a grantor in possession . If a disclaimer is pleaded in abatement , the only advantage in contesting it seems to be the ...
... possession . It is also shown , by proof of an entry with claim of title ; 5 or , by a deed of con- veyance from a grantor in possession . If a disclaimer is pleaded in abatement , the only advantage in contesting it seems to be the ...
Side 58
... possession of a negotiable security ; and in regard to bonds and other securities not negotiable , the person who is intrusted to take the security and to retain it in his cus- tody , is generally considered as intrusted with power to ...
... possession of a negotiable security ; and in regard to bonds and other securities not negotiable , the person who is intrusted to take the security and to retain it in his cus- tody , is generally considered as intrusted with power to ...
Side 85
... possession of property , it is , ordinarily , suffi- cient for the defendant to show his lawful possession at the time , without adducing proof of an indefeasible title ; and in such cases a temporary right of possession is sufficient ...
... possession of property , it is , ordinarily , suffi- cient for the defendant to show his lawful possession at the time , without adducing proof of an indefeasible title ; and in such cases a temporary right of possession is sufficient ...
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Vanlige uttrykk og setninger
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 :