The Law of Evidence as Administered in England and Applied to India

The Law of Evidence as Administered in England and Applied to India

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...much a question for the discretion of the Judge in the individual case; though there are some leading principles by which to guide to a decision. In a case of Carter v. Pryket usually cited on this subject, one between a landlord and his tenant, the issue was, "whether the rent were payable quarterly or half Best on Evidence, p. 278. t l'cake's Reports, 93, yearly; and evidence was tendered of the mode in which other tenants paid their rent. This was upon the theory that the dealing of a landlord with one of his tenants would show the way he would have dealt with the others. The evidence, however, was rejected. In another, that of Ilolcomb and Hewson, the question was whether the beer supplied by a brewer to a customer was good; and evidence was tendered of the quality of supply to other customers; and this upon the nam that if the brewer had supplied good beer to one customer, he would not have supplied bad to another. The evidence however was rejected. The landlord might have dealt differently with one tenant, the beer seller with one customer, from another; so that no necessary inference in truth would have arisen from the facts when proved. The like point was mooted and the law re-stated by Mr. Justice Willes, in a very modern case on the subject, where the terms on which certain guano had been sold were sought to be established by other contracts on similar sales;t and we cite the judgment as a modern and judicial exposition of the law. "It appeared' (said the learned Judge, )'that in cross-examination of the plaintiff by the defendant's counsel, it was proposed to ask him;--Whether he had not made other contracts in similar terms? The question was disallowed, as I understand it, as being intended to prove that it was on that...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236649540
  • 9781236649546