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

Little, Brown,, 1898 - 636 páginas
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Página 287 - I am not yet of Percy's mind, the Hotspur of the north ; he that kills me some six or seven dozen of Scots at a breakfast, washes his hands, and says to his wife, — Fie upon this quiet life ! I want work.
Página 394 - ... 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 394 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Página 321 - A person shown not to have been heard of for seven years by those (if any) who, if he had been alive, would naturally have heard of him, is presumed to be dead, unless the circumstances of the case are such as to account for his not being heard of without assuming his death...
Página 592 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Página 445 - 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...
Página 238 - Judge at the trial ^as not asked to leave . to them, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Página 360 - The strict meaning of the term ' onus probandi ' is this, that if no evidence is given by the party on whom the burden is cast, the issue must be found against him. In all cases this onus is imposed on the party propounding a will; it is in general discharged by proof of capacity and the fact of execution...
Página 359 - Court, who may set aside its verdict and submit the question to the decision of another jury ; but there is in every case a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the question for the party on whom the onus of proof lies.
Página 558 - The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence ; and every person is presumed to be innocent until he is proved guilty.

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