A Preliminary Treatise on Evidence at the Common Law, Volume 2 |
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A Preliminary Treatise on Evidence at the Common Law, Volume 2 James Bradley Thayer Visualização integral - 1898 |
A Preliminary Treatise on Evidence at the Common Law, Volume 2 James Bradley Thayer Visualização integral - 1898 |
A Preliminary Treatise on Evidence at the Common Law James Bradley Thayer Visualização de excertos - 1969 |
Palavras e frases frequentes
accused action admitted allowed answer appears applied assize attaint brought burden called cause century charged cited common Compare construction contract course court deed defendant determine direct doctrine doubt duty effect England English established evidence existence expression extrinsic fact give given granted ground held important intention issue judges judgment judicial jurors jury Justice king knowledge land later law of evidence Lord matter meaning merely mode nature necessary notice oath opinion particular party person phrase plaintiff plea pleading practice present presumption principle probable proof proved question reason record referred regards relating remark rule seems sense sometimes sort statement statute Supra taken term thing tion trial true truth twelve unless verdict witnesses writ writing
Passagens conhecidas
Página 289 - 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 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 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 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 510 - 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 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 337 - Before that period we find that in courts of law all the evidence in mercantile cases was thrown together; they were left generally to a jury, and they produced no established principle.
Página 240 - 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.
Informação bibliográfica
| Título | A Preliminary Treatise on Evidence at the Common Law, Volume 2 |
| Autor | James Bradley Thayer |
| Editora | Little, Brown,, 1898 |
| Número de páginas | 636 páginas |
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