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" The reason why such parol statements are admissible, without notice to produce, or accounting for the absence of the written instrument, is, that they are not open to the same objection which belongs to parol evidence from other sources, where the written... "
Rapports Judiciaires de Québec - Page 44
1883
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 6

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 900 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...admits to be true, may reasonably be presumed to be so. The weight and value of such testimony is quite another question. That will vary according to the circumstances,...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - 1848 - 764 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...admits to be true, may reasonably be presumed to be so " (/«) . It (g) R. c. O'Connell, Arm. & Trev. R. 163. (A) Id. 198. (»') R. c. Thistlewood, 33 How....
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Queen's Bench Reports, Volume 14

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1853 - 1052 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...admits to be true, may reasonably be presumed to be so. The weight and value of such testimony is quite another question." Slatterie v. Pooley (a) has now...
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A Treatise on the Principles of Evidence and Practice as to Proofs in Courts ...

William Mawdesley Best - 1854 - 930 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced; for such evidence is excluded from the presumption...admits to be true, may reasonably be presumed to be so. The weight and value of such testimony is quite another question. That will vary according to the circumstances,...
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The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859 - 638 pages
...the written evidence might have been produced ; for such evidence is excluded from the presumptiun of its untruth, arising from the very nature of the...himself admits to be true, may reasonably be presumed to he so. The weight and value of such testimony is quite another question. That will vary according to...
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The Principles and Practice of the Law of Evidence

Edmund Powell - 1859 - 540 pages
...objection which belongs to parol evidence from other sources when the written evidence might have been produced; for such evidence is excluded from the presumption of its untruth from the very nature of the case, when better evidence is withheld ; whereas what a party himself admits...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1862 - 776 pages
...objection which belongs to parol evidence from other sources,, where the written evidence might have been produced ; for such evidence is excluded from the...admits to be true may reasonably be presumed to be so." This reasoning, indeed, even backed by the high authority of its propounder, was for a time insufficient...
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The Law of Evidence, Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1865 - 666 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...admits to be true, may reasonably be presumed to be so. The weight and value of such testimony is quite another question. That will vary according to the circumstances,...
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Reports of Cases Argued and Determined in the Supreme Court of New ..., Volume 6

New South Wales. Supreme Court - 1868 - 560 pages
...objection which belongs to parol evidence from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...to be true, may reasonably be presumed to be so." [Stephen, C. J. In Darby \. Ouseley (d) the plaintiff was, on cross-examination, asked by defendant's...
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The Law of Evidence: Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1869 - 646 pages
...objection which belongs to parol evidence •from other sources, where the written evidence might have been produced ; for such evidence is excluded from the...to be true, may reasonably be presumed to .be so. The -weight and value of such testimony is quite another question. That will vary according to the...
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