A Treatise on the Law of Evidence, Volum 2C.C. Little and J. Brown, 1854 |
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Side viii
... 537-546 REAL ACTIONS 547-559 • REPLEVIN 560-570 SEDUCTION 571-579 SHERIFF 580-599 TENDER 600-611 • TRESPASS 612-635 TROVER WASTE WAY WILLS 636-649 650-656 · 657-665 666-695 INDEX TO CASES CITED . Section A. Alexander v . viii CONTENTS .
... 537-546 REAL ACTIONS 547-559 • REPLEVIN 560-570 SEDUCTION 571-579 SHERIFF 580-599 TENDER 600-611 • TRESPASS 612-635 TROVER WASTE WAY WILLS 636-649 650-656 · 657-665 666-695 INDEX TO CASES CITED . Section A. Alexander v . viii CONTENTS .
Side 12
... trover , for pro- missory notes , or in assumpsit to recover the money due upon them , they are misdescribed ; in these and the like cases the errors may be amended . But to add counts upon other promissory notes will not be allowed ...
... trover , for pro- missory notes , or in assumpsit to recover the money due upon them , they are misdescribed ; in these and the like cases the errors may be amended . But to add counts upon other promissory notes will not be allowed ...
Side 40
... trover for wearing apparel , & c . , may also be added . James v . Biddington , 6 C. & P. 589 . The declaration for seduction may be as follows ; · " For that whereas the defendant , contriving and wrongfully intending to injure the ...
... trover for wearing apparel , & c . , may also be added . James v . Biddington , 6 C. & P. 589 . The declaration for seduction may be as follows ; · " For that whereas the defendant , contriving and wrongfully intending to injure the ...
Side 203
... trover , for the goods , and in case , sounding in tort , for malfeasance or mis- feasance ; but although the remedy in tort is on some accounts preferable to assumpsit , 1 the form of action does not very materially affect the evidence ...
... trover , for the goods , and in case , sounding in tort , for malfeasance or mis- feasance ; but although the remedy in tort is on some accounts preferable to assumpsit , 1 the form of action does not very materially affect the evidence ...
Side 208
... trover . Ross v . Johnson , 5 Burr . 2825 . 2 See ante , Vol . 1 , § 348 ; David v . Moore , 2 Watts & Serg . 230. And see Butler v . Basing , 2 C. & P. 613. In Clark v . Spence , 10 Watts , 335 , it was thought by Rogers , J. , that ...
... trover . Ross v . Johnson , 5 Burr . 2825 . 2 See ante , Vol . 1 , § 348 ; David v . Moore , 2 Watts & Serg . 230. And see Butler v . Basing , 2 C. & P. 613. In Clark v . Spence , 10 Watts , 335 , it was thought by Rogers , J. , that ...
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17 Mass 9th edit acceptance acceptor accord and satisfaction action actual admissible adultery agent alleged amount assumpsit averment Bank bill of exchange bill or note Bing breach Bull Campb carrier Chitty & Hulme circumstances claim common carrier Common Law Conn contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East ejectment entitled evidence executor fact Greenl Hagg Hamp held holder Hulme on Bills indorser injury issue Jackson Johns judgment Jury liable loss marriage matter ment mitigation of damages non est factum notice owner paid party payable payee payment Peake's Cas person Pick plaintiff plea pleaded possession presumption primâ facie principal promise promissory note proof prove received recover rule Saund seisin Shepl Smith Stark statute Story on Bills sufficient suit supra Taunt tenant tion tort trespass Wend witness
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 :