swarb.co.uk - law index
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Evidence - From: 1200 To: 1799
This page lists 6 cases, and was prepared on 21 May 2019.
George Weir v The L of Lie; SCS 14-Jul-1566 - [1566] Mor 605
Edward Draycott v Draycott Talbot, And Others [1718] EngR 68; (1718) 3 Bro PC 564; (1718) 1 ER 1501
28 Jan 1718
PC
Evidence, Family
The entry of the name and titles of persons in a church book, either for marriages or births, cannot be positive evidence of the marriage or birth of any person ; unless the identity of the person named in such entries is fully proved, and strengthened also with circumstances of co-habitation, or the allowance of parties.
[ Commonlii ]
Armory v Delamirie (1722) 1 Stra 505; [1722] EWHC KB J94; [1722] 93 ER 664
1722
KBD
Pratt CJ
Torts - Other, Evidence
A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled "unless the defendant did produce the jewel, and shew it not to be of the finest water, they [the jury] should presume the strongest against him, and make the value of the best jewels the measure of their damages:" and "That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover?" The court applied the maxim "maxim omnia praesumuntur contra spoliatorem" All things are assumed against the interests of a spoliator.
If the negligence of the defendant has led to evidence being unavailable which might otherwise have assisted the victim of that negligence, he should not have the benefit of any consequent doubt.
1 Citers
[ Bailii ]
Blatch v Archer [1774] 1 Cowp 63
1774
Lord Mansfield
Evidence
Lord Mansfield said: "It is certainly a maxim that all evidence is to be weighed according to proof which it was in the power of one side to have produced, and in the power of the other to have contradicted."
1 Citers
Rex v Warwickshall (1785) 1 Leach 263
1785
Criminal Practice, Evidence
The defendant, Jane Warwickshall had confessed to receiving stolen property. Because of that confession, the property was found in her lodgings concealed in the sackings of her bed. Held: The court refused to admit her confession because it had been obtained by promise of favour, but ruled that facts discovered as a result of her inadmissible confession could be proved if that could be done:- "without calling in the aid of any part of the confession from which it may have been derived."
1 Citers
Stainer v Burgesses of Droitwich [1795] EngR 3243; (1795) 1 Salk 281; (1795) 91 ER 247 (A)
1795
Evidence
A general history is evidence to prove a matter relating to the kingdom in general; otherwise of a particular right.
[ Commonlii ]
