A Treatise on the Law of Evidence, Volumen2C.C. Little and J. Brown, 1854 |
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Términos y frases comunes
17 Mass acceptor accord and satisfaction action actual admissible alleged amount assumpsit averment Bank bill or note Bing Bull Campb Chitty & Hulme circumstances claim Common Law contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East Eccl entitled evidence execution executor fact Greenl Hagg Hamp held holder Hulme on Bills Ibid indorser injury issue Jackson Johns judgment Jury land liable loss marriage matter ment mitigation of damages necessary non est factum notice owner paid party patent payable payment person Pick plaintiff plea pleaded possession presumption primâ facie principle promise promissory note proof prove question recover rule Saund seisin Shepl sheriff Smith Stark Stat statute Statute of Frauds statute of limitations Story on Bills sufficient supra Taunt tenant testator tion tort trespass trover Wend witnesses
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Página 370 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Página 237 - His heirs and assigns forever against the lawful claims and demands of all persons...
Página 39 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Página 370 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Página 371 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in selfdefence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Página 501 - ... or the page immediately following, if it be a book ; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected...
Página 13 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Página 370 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Página 282 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Página 205 - It is now well settled that a common carrier may qualify his liability by a general notice to all who may employ him, of any reasonable requisition to be observed on their part, in regard to the manner of delivery and entry of parcels, and the information to be given to him of their contents, the rates of freight, and the like as, for example, that he will not be responsible for goods above the value of a certain sum, unless they are entered as such, and paid for accordingly :