A Treatise on the Law of Evidence: Civil trial evidence; particular actions, issues and partiesBobbs-Merrill Company, 1905 |
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Страница iii
... sufficient evidence . 1578. What is not sufficient evidence . 1579. Non - user and misuser . 1580. Lapse of time . Sec . 1581. Burden of proof . 1582. Question of law or fact . 1583. Order of proof and hearing . 1584. Alien enemy . 1585 ...
... sufficient evidence . 1578. What is not sufficient evidence . 1579. Non - user and misuser . 1580. Lapse of time . Sec . 1581. Burden of proof . 1582. Question of law or fact . 1583. Order of proof and hearing . 1584. Alien enemy . 1585 ...
Страница xxi
... sufficient to 2407. Voluntary exposure - Effect of avoid policy . 2379. Insurable interest - Necessary . 2408. Voluntary 2381. Insurable interest - Proof of 2409. Voluntary exposure - Proof in- CHAPTER CX - Continued . CHAPTER CXI ...
... sufficient to 2407. Voluntary exposure - Effect of avoid policy . 2379. Insurable interest - Necessary . 2408. Voluntary 2381. Insurable interest - Proof of 2409. Voluntary exposure - Proof in- CHAPTER CX - Continued . CHAPTER CXI ...
Страница 7
... sufficient evidence of an aban- donment by the original owner and what is not sufficient to prove an abandonment by the finder and appropriator . In that case manure dropped in the street by horses was left there by the owners of the ...
... sufficient evidence of an aban- donment by the original owner and what is not sufficient to prove an abandonment by the finder and appropriator . In that case manure dropped in the street by horses was left there by the owners of the ...
Страница 8
... sufficient to show an abandonment . " 41 § 1578. What is not sufficient evidence . - Where the lessee of a stone quarry , after taking out a large quantity of stone , left the stone taken out , together with his tools , upon the ground ...
... sufficient to show an abandonment . " 41 § 1578. What is not sufficient evidence . - Where the lessee of a stone quarry , after taking out a large quantity of stone , left the stone taken out , together with his tools , upon the ground ...
Страница 10
... sufficient to show an intention to abandon , and abandon- ment is necessary , there must be other evidence of the intention.54 Thus , the mere non - user of a railroad right of way , or the like , has been held insufficient to ...
... sufficient to show an intention to abandon , and abandon- ment is necessary , there must be other evidence of the intention.54 Thus , the mere non - user of a railroad right of way , or the like , has been held insufficient to ...
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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
Популарни одломци
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.
Страница 865 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
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...