Law Library Volume 48

Law Library Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ...of circumstances shewing that the parties demeaned themselves as man and (e) Murray's Navy List is published quarterly by the authority of the Admiralty, at which olfice it is always carefully revised and corrected up to the latest possible date before publication, by an oflicer appointed for that purpose. wife; from which a presumption is afforded, that they were actually married.( f ), _, _ Consistently with the opinion stated above, it has been questioned whether a verdict or judgment, although not admissible as direct evidence, ought not to be admitted as evidence of reputation in cases of pedigree. In an old case, where the majority of the Judges refused. to allow a special verdict to be read to prove a pedigree. because " it was res inter alias acta, and the same, evidence, for any thing they knew to the contrary, might be ready to be laid before that jury as was laid before the former,"(g) Wright, J., dissented from the opinion of his learned brethren, and thought the verdict admissible, " because in cases of pedigree many things are received which are not allowed in other cases." Mr. Justice Buller says, that this opinion of Mr. Justice Wright was generally approved of.(h) That learned writer expressly lays it down, that the exception to a verdict of beingres inter alios aclu, ought not to be allowed when the fact to be proved. is such whereof hearsay and reputation are evidence, and therefore a special verdict between other parties stating a pedigree, would be evi-dence to prove pa descent; for in such case, what any of the family who are dead have been heard to say, or the general reputation of the family, entries in family books, monumental inscriptions, 705 _ recitals in deeds, &c., are...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236873610
  • 9781236873613