A Treatise on the Law of Evidence in Scotland, Part 554, Volume 2Bell & Bradfute, 1864 - 1268 pages |
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Page 642
... Court of Session to the son , on the application of his next of kin . In this action of reduction decree of absolvitor was pronounced by the Court of Session in 1803 , and affirmed by the House of Lords in 1808. In 1848 , the son raised ...
... Court of Session to the son , on the application of his next of kin . In this action of reduction decree of absolvitor was pronounced by the Court of Session in 1803 , and affirmed by the House of Lords in 1808. In 1848 , the son raised ...
Page 643
... Court of Session to entertain an action of reduction of a decree of a superior tribunal , but no doubt was supposed to exist as to the competency of inquiring by some means into the question , whether the former proceedings had been ...
... Court of Session to entertain an action of reduction of a decree of a superior tribunal , but no doubt was supposed to exist as to the competency of inquiring by some means into the question , whether the former proceedings had been ...
Page 644
... court had been made to the heritors , the Court of Session allowed a proof not only that the extract was disconform to the record , but also that the procedure set forth in the record had not taken place ( y ) . Again , where ...
... court had been made to the heritors , the Court of Session allowed a proof not only that the extract was disconform to the record , but also that the procedure set forth in the record had not taken place ( y ) . Again , where ...
Page 645
... Court of Session held it to be incompetent for them to inquire whether the chancellor of the jury in a trial be- fore a Circuit Court of Justiciary had controlled the other jurors , had prevented them from retiring for deliberation ...
... Court of Session held it to be incompetent for them to inquire whether the chancellor of the jury in a trial be- fore a Circuit Court of Justiciary had controlled the other jurors , had prevented them from retiring for deliberation ...
Page 649
... Court will not ex intervallo alter an inter- locutor , except in a matter of mere form ( o ) . And where the Court . of Session corrected an error in their interlocutor after an appeal had been entered , the House of Lords were not ...
... Court will not ex intervallo alter an inter- locutor , except in a matter of mere form ( o ) . And where the Court . of Session corrected an error in their interlocutor after an appeal had been entered , the House of Lords were not ...
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Common terms and phrases
18 Vict adduced admissible admitted affd alleged allowed apply Arkley averments Bell's Notes bill Burnett cause certified citation civil clerk commission commissioner competent confession copy Court held Court of Session creditor criminal debt declaration decree deed defender deponed deposition diligence documents Elch emitted entitled Ersk evidence examined excluded execution extract facts favour Fraser granted Greenl ground H. M. Adv haver House of Lords Hume inadmissible infra instrument interlocutor judge judicial jury letters of horning libel Lord Advocate Lord Justice-Clerk Lord Ordinary Lord Stair M'Intosh magistrate marriage matters ness notary oath on reference objection opinion party perjury person pleaded precognition prisoner proceeding produced proof prosecution prosecutor proving the tenor pursuer question record reference to oath refused rule sasine Scotland Sheriff Stair statements statute supra Swin Tait taken tion trial verdict witness writ writings
Popular passages
Page 1050 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 1210 - I AB do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare,
Page 1206 - Provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money and payment...
Page 1206 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Page 1217 - ... the court, or upon special verdict of a jury ; or the said last-mentioned court shall, if it think fit, when the said opinion has been obtained before trial, order such opinion to be submitted to the jury...
Page 1218 - Viet. c. 22. of Probate ; in Scotland, the High Court of Justiciary, and the Court of Session, acting by either of its Divisions ; in Ireland, the Superior Courts of Law at...
Page 1050 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact, make it...
Page 1208 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 1186 - This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between them. These inconsistencies are studiously displayed by an adverse pleader, but oftentimes with little impression upon the minds of the judges. On the contrary, a close and minute agreement induces the suspicion of confederacy and fraud.
Page 1212 - Court or tribunal, and within the jurisdiction of such first-mentioned Court, or of the Court to which such Judge belongs, or of such Judge, it shall be lawful for such Court or Judge to order the examination...