Trial Evidence: The Rules of Evidence Applicable on the Trial of Civil Actions (including Both Causes of Action and Defenses) at Common Law, in Equity and Under the Codes of ProcedureBaker, Voorhis & Company, 1880 - 884 strani |
Vsebina
| 24 | |
| 25 | |
| 41 | |
| 48 | |
| 54 | |
| 55 | |
| 71 | |
| 79 | |
| 85 | |
| 88 | |
| 100 | |
| 102 | |
| 109 | |
| 111 | |
| 115 | |
| 147 | |
| 152 | |
| 153 | |
| 163 | |
| 169 | |
| 170 | |
| 175 | |
| 180 | |
| 183 | |
| 193 | |
| 231 | |
| 239 | |
| 246 | |
| 251 | |
| 260 | |
| 268 | |
| 275 | |
| 281 | |
| 284 | |
| 294 | |
| 298 | |
| 304 | |
| 310 | |
| 316 | |
| 322 | |
| 332 | |
| 340 | |
| 347 | |
| 351 | |
| 357 | |
| 363 | |
| 387 | |
| 388 | |
| 396 | |
| 400 | |
| 409 | |
| 418 | |
| 422 | |
| 428 | |
| 434 | |
| 449 | |
| 464 | |
| 542 | |
| 552 | |
| 554 | |
| 557 | |
| 560 | |
| 572 | |
| 581 | |
| 605 | |
| 607 | |
| 614 | |
| 622 | |
| 626 | |
| 628 | |
| 629 | |
| 640 | |
| 646 | |
| 652 | |
| 663 | |
| 670 | |
| 676 | |
| 682 | |
| 689 | |
| 697 | |
| 704 | |
| 713 | |
| 719 | |
| 724 | |
| 725 | |
| 727 | |
| 732 | |
| 742 | |
| 749 | |
| 753 | |
| 755 | |
| 761 | |
| 767 | |
| 779 | |
| 787 | |
| 796 | |
| 798 | |
| 815 | |
| 819 | |
| 822 | |
| 827 | |
| 832 | |
| 838 | |
| 847 | |
| 851 | |
| 853 | |
| 858 | |
| 859 | |
| 863 | |
| 864 | |
| 865 | |
| 869 | |
| 876 | |
Druge izdaje - Prikaži vse
Pogosti izrazi in povedi
action affi'g agent agreement alleged Allen apply assignment authority Bank Barb Bosw burden cause of action certificate cited claim common law Compare competent to show conclusive Conn Contra contract corporation court deed defendant defendant's delivery dence Duer E. D. Smith estopped estoppel execution extrinsic evidence facie evidence fact favor fraud Gray Greenl indorsement inferred intent Jackson Johns judgment jury Lans liability marriage Mass Moak's Eng mode of proving N. Y. Code notice officer oral evidence Otto paragraph parol evidence partner party payment Penn plaintiff pleaded possession presumed presumption prima facie principle proof purpose question R. R. Co rebutted receipt rev'g Robt Rosc rule Sandf shown statute statute of frauds sufficient Super Supm testator testify testimony third person tion Tradem transaction unless usage usury Wall warranty Wend Whart witness
Priljubljeni odlomki
Stran 763 - ... in public use or on sale in this country for more than two years...
Stran 828 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question...
Stran 62 - ... or a person from, through or under whom such a party or interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in nis own behalf or interest, or in behalf of the party succeeding to his title or interest...
Stran 826 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Stran 762 - In any action for infringement, the defendant may plead the general issue, and, having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial any one or more of the£ following special matters...
Stran 129 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, and where his words so interpreted are sensible with reference to extrinsic circumstances, it is an inflexible rule of construction that the words of the will shall be interpreted in their strict and primary sense and in no other, although they may be capable of some popular or secondary interpretation, and...
Stran 90 - Declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles and registration books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth, and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth...
Stran 62 - Upon the trial of an action, or the hearing, upon the merits, of a special proceeding, u party, or a person interested in the event, or a person from, through, or under whom, such a party or interested person derives his interest or title...
Stran 396 - Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be su'bmitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
Stran 70 - In all other respects, the laws of the state in which the court is held shall be the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law, and In equity and admiralty.