A Treatise on the Law of Evidence, Volum 2C.C. Little and J. Brown, 1854 |
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Side 6
... promise ( or undertake ) in manner and form , " & c . This would seem to put in issue only the fact of his having made the promise alleged ; and so , upon true principle , it appears to have been originally regarded . But for a long ...
... promise ( or undertake ) in manner and form , " & c . This would seem to put in issue only the fact of his having made the promise alleged ; and so , upon true principle , it appears to have been originally regarded . But for a long ...
Side 7
... promise alleged , or of the matters of fact , from which the contract or promise alleged may be implied by law . In actions on bills of exchange and promissory notes the plea of non assumpsit is no longer admissible , but a plea in ...
... promise alleged , or of the matters of fact , from which the contract or promise alleged may be implied by law . In actions on bills of exchange and promissory notes the plea of non assumpsit is no longer admissible , but a plea in ...
Side 10
... promise to pay for certain goods , and on production of the letter , the contract appeared to be an undertaking to guarantee to the plaintiff the amount supplied , an amendment was permitted.2 But if the variance is occasioned by the ...
... promise to pay for certain goods , and on production of the letter , the contract appeared to be an undertaking to guarantee to the plaintiff the amount supplied , an amendment was permitted.2 But if the variance is occasioned by the ...
Side 12
... promise be laid as made by the administrator , when it was the promise of his intestate ; 3 or if the allegation of a demand be omitted , where it was neces- sary to the foundation of the action ; or if the indorser of a note in blank ...
... promise be laid as made by the administrator , when it was the promise of his intestate ; 3 or if the allegation of a demand be omitted , where it was neces- sary to the foundation of the action ; or if the indorser of a note in blank ...
Side 14
... promise , being intended only as a statement of the legal effect of the instrument , was erroneous , the plaintiff was permitted to amend , either by striking out the allega- tion , or by substituting a corrected statement.7 So , in 1 ...
... promise , being intended only as a statement of the legal effect of the instrument , was erroneous , the plaintiff was permitted to amend , either by striking out the allega- tion , or by substituting a corrected statement.7 So , in 1 ...
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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 :