A Practical Treatise of the Law of Evidence, and Digest of Proofs, in Civil and Criminal Proceedings, Объемы 1-2J. & W.T. Clarke, 1833 |
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action admissible admissible evidence admitted alleged answer assumpsit attesting witness attorney averment bill bill of exchange Camp cause charge circumstances claim collateral competent witness conclusive conviction copy Court Cowp criminal cross-examination declaration deed defendant dence depositions document Doug East Ellenborough entry estoppel examined exclude execution fact fraud ground Gwill held Ibid incompetent indictment inference infra instances instrument interest issue jactitation Jones Judge judgment jury justice liable locus in quo Lord Lord Ellenborough Lord Mansfield marriage matter ment nature ness non est factum nonsuit notice oath objection observed parish particular party Peake's perjury person plaintiff plea pleaded possession presumption principle prisoner proceeding produced proof question Raym reason record rule Salk seems Smith Starkie's stat statute sufficient Supra sworn Taunt tenant testimony tion trespass trial truth variance verdict voire dire writ
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Стр. 193 - Where particular facts are inquired into, and recorded for the benefit of the public, those who are empowered to act in making such investigations and memorials, are in fact the agents of all...
Стр. 512 - ... man; and so to convince him that he would venture to act upon that conviction, in matters of the highest concern and importance to his own interest.
Стр. 84 - ... that where any prosecutor or other person shall appear before any court on recognizance or subpoena, to prosecute or give evidence against any person indicted of any assault with intent to commit felony, of any attempt to commit felony, of any riot, of any...
Стр. 84 - ... expenses of attending before the examining magistrate or magistrates, and the compensation for trouble and loss of time therein, shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate or magistrates shall think fit to grant the same ; and the amount of all the other expenses and compensations shall be ascertained by the proper officer of the court, subject nevertheless to the regulations to be established...
Стр. 84 - ... and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein...
Стр. 215 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Стр. 512 - What circumstances will amount to proof can never be matter of general definition. The legal test is, the sufficiency of the evidence to satisfy the understanding and conscience of the jury. On the one hand, absolute, metaphysical and demonstrative certainty, is not essential to proof by circumstances. It is sufficient if they produce moral certainty, to the exclusion of every reasonable doubt.
Стр. 85 - ... every such Court is hereby authorized and empowered to order payment of the costs and expenses of the prosecutor and witnesses for the prosecution, together with a compensation for their trouble and loss of time, in the same manner as Courts are hereinbefore authorized and empowered N to order the same in cases of felony...
Стр. 476 - Evidence which satisfies the minds of the jury of the truth of the fact in dispute, to the entire exclusion of every reasonable doubt, constitutes full proof of the fact ; absolute mathematical or metaphysical certainty is not essential, and in the course of judicial investigations would be usually unattainable.
Стр. 161 - ... and of determining the just weight and value of his testimony. It is not easy for a witness, who is subjected to this test, to impose on a court or jury; for however artful the fabrication of falsehood may be, it cannot embrace all the circumstances to which a cross-examination may be extended.