A Treatise on the Law of Evidence: Civil trial evidence; particular actions, issues and parties

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Bobbs-Merrill Company, 1905
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Садржај

Alien enemy
14
Want of legal capacity to
15
Insufficient service Sec 1587 Misnomer
17
Nonjoinder of parties
18
Another action pending
19
Pendency of former action
22
Best and secondary evidence
23
CHAPTER LXXVII
24
ACCOUNTS AND ACCOUNTING 1601 Evidence and procedure 1602 Accounts 1603 Actions on accounts 1604 Burden of proof and evidence 16...
36
CHAPTER LXXIX
56
CHAPTER LXXX
73
Ratification
80
Parol evidence
82
Revocation and termination of agency
83
CHAPTER LXXXI
84
CHAPTER LXXXII
99
CHAPTER LXXXIII
117
CHAPTER LXXXIV
136
CHAPTER LXXXV
153
CHAPTER LXXXVI
176
Lien of third party cial condition of debtor
193
CHAPTER LXXXVIIContinued Sec 1794 Evidence in particular classes Generally 1790 DamagesLoss or destruction 1791 DamagesNo loss or destru...
199
Kind or class of bailment tions
206
Generally 1800 Burden of proof 1801 Presumptions 1798 Pledges CHAPTER LXXXVIII
228
Generally 1823 Burden of proof 1824 Presumptions 1825 Execution 1826 Consideration 1827 Ownership 1828 Bona fide holders 1829 Possession ...
248
Payment
272
Usury 1842 Declarations and admissions
274
Parol evidence
276
CHAPTER XC
279
3Gen
284
CHAPTER XCI
307
Circumstantial evidence
310
Letters 1871 Secondary evidence of letters 1872 Declarations and admissions
311
Opinions
312
Acceptance 1875 Breach
313
Request of plaintiff 1877 Consideration
314
Statute of frauds
315
UnchastityReputation
316
Married parties 1884 Immoral or illegal promises 1885 Impoteney and illhealth
317
Damages
318
Mitigation of damages
323
Actions against common car
339
CASE
356
Financial condition of plain tiff
362
Sec
364
Proof of corporate existence 1945 Corporate books as evidence
375
Certificates of incorporation against members
392
Financial condition of defend
395
Exemplary damages
407
Sec
408
Special
435
Earning capacitySpecial em 2007 Proof of damagesOpinions
485
Presumption of deathEvi 2015 Life expectancy of deceased
488
Cause of death fendant
494
JustificationBurden of proof
613
Probable causeDefinition
614
Probable causeExistence
616
Advice of counsel
617
of
619
Definition
621
6
652
CHAPTER CVI
678
ELLIOTT Ev
689
CHAPTER CVII
736
INFANTS
758
CHAPTER CIX
767
Insanity at time in question tors
775
CHAPTER CX
785
Waiver by estoppelLimita 2382 Insurable
786
External violenceBurden of proof 2411 External signs of violence Meaning 2412 External signs of violence Proof sufficient 2413 External violence...
787
Arrest under warrantJustifi cation
798
Insurable interestProof of 2409 Voluntary exposureProof
862
LIBEL AND SLANDER 2448 Questions of law or fact
930
Burden of proof
931
Publication
932
Malice
933
Evidence as to malice
934
Privilege
936
Best evidenceExtrinsic evi
937
dence
938
Hearsay evidence 2456 JustificationTruth
939
Evidence to prove or rebut justification
940
Evidence in mitigation
944
CharacterDamages
945
Questions of law or fact 2469 AdmissionsEvidence gener
950
Evidence of probable cause
965
CHAPTER CXIV
973
denc tal Pans 21 fram
990
of
1020
Action for damagesWhat
1032
PARTNERS AND PARTNERSHIP
1041
CHAPTER CXVIII
1073
CHAPTER CXX
1103
CHAPTER CXXI
1118
Intent
1130
PriceConsideration
1131
Documentary evidence 2627 Parol evidence
1132
Actions by seller
1135
Actions by buyer
1137
CHAPTER CXXII
1140
CHAPTER CXXIII
1154
Mitigation of damages 2653 Evidence
1164
teral
1211
Fraudulent representations 1891 Seduction
1233
Warrant fair on its face Protection
1262
Mental suffering
1287
Mitigation of damages
1293
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Страница 423 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Страница 577 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 850 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Страница 423 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Страница 423 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Страница 522 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Страница 224 - ... submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate ; but no testimony given by him shall be offered in evidence against him in any criminal proceeding.
Страница 887 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
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Страница 872 - ... was used in the policy in its ordinary, popular sense, as meaning 'happening by chance; unexpectedly taking place; not according to the usual course of things, or not as expected...