A Preliminary Treatise on Evidence at the Common Law, Volume 2

Little, Brown,, 1898 - 636 páginas

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Página 250 - A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them, unless in the opinion of the court to which the application is made some substantial
Página 299 - Knock me here soundly. Grumio. Knock you here, sir? Why, sir, what am I, sir, that I should knock you here, sir ? Pet. Villain, I say, knock me at this gate, and rap me well, or I '11 knock your knave's pate.
Página 408 - to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, ' parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Página 498 - it is sufficient if the substance only of the issue be proved. The third is, that the burden of proving a proposition, or issue, lies on the party holding the affirmative. And the fourth is, that the best evidence of which the case in its nature is susceptible must always be produced.
Página 441 - the nse of himself for life, remainder to his wife for life, remainder to his son in tail, remainder to his wife in fee. The question now was what estate John Billingsley took in the Bell Tavern, under the widow's devise,
Página 234 - The question of probable cause is a mixed proposition of law and fact. Whether the circumstances . . . are true and existed, is a matter of fact; but whether, supposing them true, they amount to a probable cause, is a question of law.
Página 505 - that runs through all the doctrine of trials is this, that the best evidence the nature of the case will admit of shall always be required, if possible to be had ; but if not possible, then the best evidence that can be had shall be allowed.
Página 216 - circumstances are necessarily referred to them. Unless this were so, there would be no certainty in the law ; for a misconstruction by the court is the proper subject by means of a bill of exceptions, of redress in a court of error ; but a misconstruction by the jury cannot be set right at all effectually.
Página 437 - for that were to make all deeds hollow and subject to averments, and so, in effect, that to pass without deed which the law appointeth shall not pass but by deed." This he is careful to make applicable to wills as well as deeds : " So if a man give land in tail, though it be by will.
Página 80 - sur luy, et pluis), and the first day after, . he shall have three morsels of barley bread without any drink, and the second day he shall thrice drink, without bread, as much as he can of water standing near the prison, and this shall be his diet until he be dead.

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