A digest and index of all the Irish reported cases in law and equity; from the earliest period to the present time and also of the reported cases in ... cases ... containing many of the judg - Softcover
Synopsis
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. 1830 Excerpt: ...one usually assigned, that the best evidence is required, &c., and that the farther off any thing lies from the original truth the weaker must be the evidence. 117. In ejectment, a witness for the plaintiff on his crossexamination admitted that the defendants had paid rent for the lands to the lessor of the plaintiff subsequent to the time of bringing the ejectment, for which rent he, the witness, had written a receipt. The defendant not producing this receipt the evidence was not admissible. Lessee of Doran v. Kehoe. K. B. Ridg. Lap. and Scho. 350. 118. A reasonable presumption of the authenticity of a deed purporting to be an ancient deed, is sufficient to admit it to be read. Lessee Lady Dow. Carhampton v. Lord Carhampton. C. P. lb, 567, 578. 119. A bill filed and not prosecuted, not to be read in evidence on the hearing of a cause upon another bill by the same party. Despardv. Ormsby. Col. Sup. to Bro. P. C. 4-59. See Courts, 10, 11, 12. EVIDENCE Circumstantial On the part of the noble Viscount (Valentia) there is certainly a great Heal of positive evidence, that has not been contradicted, and some circumstances that confirm that evidence. On the other side there are some circumstances that render this case rather doubtful; but they arise more from conjectures and inference than positive evidence; and for my own part, my lords, I should be afraid to determine the estate, or property, or title, of any man upon conjecture. The trial in the court of exchequer in this very family shews the danger of doing so: I mean the remarkable one in the case of James Annesley against the late Lord Anglesea. I think 1 may say, that inquiry could not have lasted an hour, but from two acts of the late Lord Anglesea; the one was his transporting the lessor of the plain...
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