A Treatise on the Law of Evidence: Civil trial evidence; particular actions, issues and partiesBobbs-Merrill Company, 1905 |
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Страница 1
... person to an- other . But it is to be distinguished from a mere surrender , gift , or conveyance to some particular person ; 2 and it would , perhaps , be better to define it as a voluntary relinquishment , or leaving and giv- ing up ...
... person to an- other . But it is to be distinguished from a mere surrender , gift , or conveyance to some particular person ; 2 and it would , perhaps , be better to define it as a voluntary relinquishment , or leaving and giv- ing up ...
Страница 35
... person in full satisfaction of a note sued on was alleged by the defendant evidence of an indorsement on the note by such third person that he was to pay the same at a certain date and a credit of the same date still legible , though ...
... person in full satisfaction of a note sued on was alleged by the defendant evidence of an indorsement on the note by such third person that he was to pay the same at a certain date and a credit of the same date still legible , though ...
Страница 83
... person , who deals with him on the faith of it without notice of the revocation , or the knowledge . of any circumstances sufficient to have put him on his guard , the act of the agent , within the scope of the written authority , will ...
... person , who deals with him on the faith of it without notice of the revocation , or the knowledge . of any circumstances sufficient to have put him on his guard , the act of the agent , within the scope of the written authority , will ...
Страница 126
... person.57 It is generally said that where self - defense is relied upon in justification it must be shown that the acts relied upon were done in necessary self- defense ; but where the circumstances and appearances are such as to lead a ...
... person.57 It is generally said that where self - defense is relied upon in justification it must be shown that the acts relied upon were done in necessary self- defense ; but where the circumstances and appearances are such as to lead a ...
Страница 138
... person named as the owner in a certificate issued to such owner , in accord- ance with the statute , by the clerk , and who then had such certificate in his possession and thereupon delivered it to the purchaser , and each of the ...
... person named as the owner in a certificate issued to such owner , in accord- ance with the statute , by the clerk , and who then had such certificate in his possession and thereupon delivered it to the purchaser , and each of 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...