The Law of Evidence in Civil Cases, Volume 2Bancroft-Whitney, 1896 - 2198 pages |
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Common terms and phrases
action acts admitted Adol agreement Allen allowed authenticated Bank Barn Brown certificate character Chicago cited Clark common law competent Conn contract copies County of Sac court courts of equity Cranch Cush Davis deceased declarations deed defendant dence document entries eral execution expert extrinsic evidence facts Frauds sec given Gray Greenl handwriting hearsay held admissible illustrations infra Iowa Jackson Johns Jones Jour judge judgment jurisdiction jury land larations Mass ment Miller Minn Miss mode N. W. Rep officer Ohio St opinion parol evidence parol proof parties patent ambiguities person Pick plaintiff prima facie principle question received records res gestae rule Serg shown Smith Stat statements statute statute of frauds Steph Strob supra Tenn testator testify testimony Thompson tion trial United usage Wall Wend writing
Popular passages
Page 1419 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 943 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 1078 - 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...
Page 1374 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 1370 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Page 1217 - ... shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the...
Page 934 - Every such conveyance shall be presumed fraudulent as against the creditors of the person paying the consideration; and when a fraudulent intent is not disproved, a trust shall result in favor of such creditors to the extent...
Page 1373 - I say that where a given matter becomes the subject of litigation in and of adjudication by a court of competent jurisdiction the court requires the parties to that litigation to bring forward their whole case and will not, except under special circumstances, permit the same parties to open the same subject of litigation in respect of...
Page 986 - After the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms ingrafted upon what will be thus left of the written agreement.
Page 903 - The jury may, in any case, at the request of either party, be taken to view the premises or place in question, or any property, matter or thing relating to the controversy between the parties...