A Treatise on the Law of Evidence: Civil trial evidence; particular actions, issues and partiesBobbs-Merrill Company, 1905 |
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... Damages - Loss or destruction . 1791. Damages - No loss or destruc- 1795. Evidence in particular classes tion , but injury . -Gratuitous bailments . 1792. Damages - Actions against 1796. Evidence in particular classes third parties ...
... Damages - Loss or destruction . 1791. Damages - No loss or destruc- 1795. Evidence in particular classes tion , but injury . -Gratuitous bailments . 1792. Damages - Actions against 1796. Evidence in particular classes third parties ...
Страница xii
... Damages generally . CHAPTER XCVII . DAMAGES . 1962. Presumption as to damages . 1963. Burden of proof . 1964. Burden of proof - Open and close . Sec . 1986. Earning capacity diminished -Proof under general alle- gations . 1987. Injury ...
... Damages generally . CHAPTER XCVII . DAMAGES . 1962. Presumption as to damages . 1963. Burden of proof . 1964. Burden of proof - Open and close . Sec . 1986. Earning capacity diminished -Proof under general alle- gations . 1987. Injury ...
Страница xxvii
... Damages . 2644. Mitigation of damages . 2645. Aggravation of damages . 2646. Exemplary damages . Sec . 2647. Generally . 2648. Burden of proof . 2649. Gist of the action - What plaintiff must prove . 2650. Possession . 2651. Possession ...
... Damages . 2644. Mitigation of damages . 2645. Aggravation of damages . 2646. Exemplary damages . Sec . 2647. Generally . 2648. Burden of proof . 2649. Gist of the action - What plaintiff must prove . 2650. Possession . 2651. Possession ...
Страница 84
... Damages . 1653. Measure of damages . § 1642. Generally . - The right of a husband to recover damages from a third party for alienating the affections of his wife has long existed at common law ; and as early as 1747 we find a decision ...
... Damages . 1653. Measure of damages . § 1642. Generally . - The right of a husband to recover damages from a third party for alienating the affections of his wife has long existed at common law ; and as early as 1747 we find a decision ...
Страница 97
... damages.52 That the husband failed to support his wife and that he lived apart from her may be evidenced in mitigation of damages . That the wife was a lewd or immoral woman might be used by the defendant to mitigate damages , and the ...
... damages.52 That the husband failed to support his wife and that he lived apart from her may be evidenced in mitigation of damages . That the wife was a lewd or immoral woman might be used by the defendant to mitigate damages , and the ...
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Чести термини и фразе
accord and satisfaction action admissible adverse possession alleged Allen Mass assignment Asso assumpsit authority award bailee bailment Baker Bank bankrupt bankruptcy Barb Boston &c breach Brown burden of proof Chicago &c chose in action claim Clark Colo common law Conn contract corporation court creditors Cush damages Davis debt debtor declarations defendant dence Elliott estoppel facie fact Gray Mass Greenleaf held indorser injury intent Iowa Jackson Johns Johnson Jones jurisdictions jury Kans Louis &c Louisville &c ment Metc Miller Minn N. J. Eq negligence Ohio St ordinarily parol evidence party payment person plaintiff plea pleaded possession presumed presumption prima facie proper prove recover rule shown Smith statute sufficient Tenn Thompson tion Wend Williams Wilson York &c
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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...