 The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the...  A Treatise on the Law of Evidence - Seite 179von Samuel March Phillipps - 1816 - 692 SeitenVollansicht - Über dieses Buch
 | Great Britain. Courts - 1816 - 470 Seiten
...effusions of the mind of the party making them, and must have been made on an occasion 4&tt} his mind stood in an even position, without any temptation to exceed or fall short of the truth. Upon this principle it has been the general rule, as far back as my experience and know ledge go, to... | |
 | Richard Burn - 1820 - 894 Seiten
...improbable that a description would be suffered to continue it" erroneous,) are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. PA/7/. Ev. 245. 246. Handwriting. As relating to the evidence of written instruments, the node of proving... | |
 | Thomas Starkie - 1826 - 708 Seiten
...declarations in a family, descriptions in wills, incriptions upon monuments, in bibles and registry-books, are all admitted upon the principle that they are...know the truth, and who speaks upon an .occasion when the mind stands in an even position, without any temptation to exceed or fall short of the truth. Proof... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 Seiten
...descriptions in wills, descriptions on monuments, descriptions in bibles and registry books; all, are admitted upon the principle that they are the natural...position, without any temptation to exceed or fall 1827. short of the truth. But, there may be many circumstan- f^"^ ces forming part of the tradition,... | |
 | Great Britain. Court of Chancery - 1827 - 644 Seiten
...descriptions upon monuments, descriptions in Bibles, and Registry Books, all are admitted upon the praiciple, that they are the natural effusions of a party, who...any temptation to exceed or fall short of the truth. But there may be many circumstances, forming part of the tradition, which you would reject, taking... | |
 | John Hubbersty Mathews - 1827 - 528 Seiten
...its being the natural effusion of a person, who having had opportunities to know the truth, speaks on an occasion when his mind stands in an even position,...any temptation to exceed or fall short of the truth (a). Declarations in contemplation of future controversy, though suspicious, are not however always... | |
 | 1829 - 760 Seiten
...Declarations in the family, descriptions in wills, descriptions upon monuments, in Bibles and registry books, are all admitted upon the principle that they are...stated, in the late case of the Berkeley peerage, when this subject was much discussed) that declarations made for the express purpose of being given... | |
 | 1843 - 530 Seiten
...descriptions in wills, descriptions upon monuments, descriptions in bibles and registry books, all are admitted upon the principle that they are the natural...temptation to exceed or fall short of the truth."* 1 Hearsay as to marriage, time of birth, admitted ; the hearsay declarations of the mother denying... | |
 | Richard Burn - 1831 - 1154 Seiten
...improbable that a description would be suffered to continue if erroneous), are all of them admissible, upon the principle that they are the natural effusions...any temptation to exceed or fall short of the truth. 1 Phill. Enid. 7 ed. 239. Ownership of Way, Estate, ¿jr.]] — In questions about a right of way,... | |
 | Henry Roscoe - 1831 - 788 Seiten
...Declarations in a family, descriptions in wills, inscriptions upon monuments, in Bibles, and registry books, are all admitted upon the principle that they are...must know the truth, and who speaks upon an occasion where the mind stands in an even position without any temptation to exceed, or fall short of the truth.... | |
| |
