The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 70

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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. 1904 edition. Excerpt: ... there was evidence that the parties named had acted as Commissioners; but this proof referred only to a time after the date of the signature; and there was no evidence of the parties having acted as Commissioners before. It was objected that, without such proof, the evidence could not be received. The learned Judge admitted it; and the plaintiff had a verdict. Gunning now moved for a new trial, and contended that the Signature was not sufficiently proved to go to the jury, unless the Party were shown to have been a Commissioner at or before the time of signing. (Lonn DsNMaN, Ch. J.: When we have the handwriting of a person proved to have been a Commissioner, is there any authority for requiring proof of his having acted as Commissioner at the time when he signed? If he is shown to have been a Commissioner within a reasonable time from the signature, there is surely no ground of objection.) Gunning also took an objection as to the effect of the entry proved; citing Doe d. Strode v. Seaton (1) and Doe d. Sta/nsbury v. Arkwright (2); and contended that the evidence at most only proved Anne Hopley to have been occupier. (Consumes, J.: That would be primd faoie evidence of seisin.) Loan DENMAN, Ch. J.: Most of the remarks on this case turn only on the efiect oi the evidence. On the question, whether it was receivable or not, I have no doubt. When persons who have exercised a public duty are shown to have done an act within the scope of that duty at:1 pal'ticular time, we may assume that they were exercising the public duty when they did the act, without proof that they were or had been discharging such duty at the very time. If it was withinfl reasonable time of the act done, that is suflicient. It is an admitted point that acting in an...
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Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236910672
  • 9781236910677