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action admissible admitted afterwards allowed answer appear apply authority bill brought Bull called Campb cause charge circumstances cited claimed committed common competent conclusive considered contract conviction copy Court of King's criminal debt deceased deed defendant delivered depositions determined East effect entry evidence examined execution fact former Gilb give give evidence given given in evidence granted ground hand held indictment interest issue judges judgment jurisdiction jury Justice Kenyon kind King's Bench laid Lord manor matter nature necessary notice oath objection offence offered officer opinion parish particular party payment person plaintiff plea pleaded presumption principle prisoner proceedings produced proof prosecution prove question reason received record referred relation respecting rule says seal seems sentence shew statute sufficient suit taken taking testimony tion trial unless verdict witness writ writing
Page 410 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 410 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 411 - That no contract for the sale of any goods, wares, and merchandises, 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...
Page 171 - The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth; and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 345 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 410 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 198 - ... it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the act, proof of what the person said at the time of doing it is admissible in evidence, for the purpose of showing its true character.
Page 405 - Subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 78 - But it is impossible to say a man is precluded from questioning or contradicting anything any person has asserted as to him, as to his conduct or his agreement, merely because that person has been an agent of his. If any fact, material to the interest of either party, rests in the knowledge of an agent, it is to be proved by his testimony, not by his mere assertion.
Page 386 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; 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.