A Treatise on the Law of Evidence: As Administered in England and Ireland : with Illustrations from the American and Other Foreign Laws, Volumen1

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W. Maxwell & Son, 1878 - 1765 páginas
 

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Página 699 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Página 7 - This article only applies to cases where vessels are meeting end on or nearly end on in such a manner as to involve risk of collision...
Página 239 - ... anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...
Página 61 - That, on every such trial, the jury sworn to try the issue may give a general verdict of Guilty or Not Guilty upon the whole Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Página 87 - All actions of trespass quare dausum fregit, all actions of trespass, detinue, action sur trover, and replevin, for taking away of goods and cattle, all actions of account and upon the case, other than such accounts as concern the trade of merchandise, between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Página 625 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Página 19 - ... if the document sought to be proved be a proclamation, treaty, or other act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the foreign State or British colony to which the original document belongs...
Página 133 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Página 104 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...
Página 223 - ... who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.

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