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Reports of Cases Decided in the High Court of Chancery Volume 19

Reports of Cases Decided in the High Court of Chancery Volume 19


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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. 1848 Excerpt: ...the opinion that the act of parliament did not apply to proceedings in a. Court of Equity; and, on a. subsequent occasion, on the trial of a modus, where the question was, whether an occupier or an owner could be admitted as a witness to prove the modus, the same judge expressed a decided opinion that he could not, and that the act of parliament did not apply. He did not, however, rely on his own 'judgment only, but, according to the report, he consult-'-12 ed the other Judges of the Court, and they were all of opinion that the act of parliament did not apply to any proceeding in a Court of Equity. I take th'tt to be a sound opinion, and on that authority, which coincides with my own view of the construction of the act, I think that Mr. Aston was not a competent witness, for the purpose of proving either the parochial modus, or the modus applicable to the district in which he is a landowner. I have looked at this question with some anxiety, because it is a most important feature in this case; for I think there will be very great ditficulty in establishing many parts of the case if John Aston's evidence is excluded. I am aware that another Act has been passed since, which would make him a competent witness;(d) but there is a clause in it which excepts pending suits. I wish it therefore to be understood, that I have only spoken of him hitherto as a witness in the cause up to this point. lt will be for the learned Judge who tries the issues to exercise his own judgment as to whether or not, upon the feigned issues directed by this Court, his evidence is admissible; subject, of course, to my review hereafter; but I think that I ought not in the first instance to state my opinion upon that point. Upon the whole case, I think, for the reasons I have s...


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Product Details
  • ISBN-13: 9781235017896
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1235017893
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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