Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Evidence - From: 1800 To: 1849

This page lists 17 cases, and was prepared on 21 May 2019.

 
Richardson v Fisher 130 ER 59; (1823) 1 Bing 145; [1823] EngR 355; (1823) 1 Bing 145; (1823) 130 ER 59 (A)
5 Feb 1823


Evidence, Litigation Practice

1 Citers

[ Commonlii ]
 
Rex v Thornton (1824) 1 R and MCCR 27
1824


Evidence

1 Citers



 
 Kemble v Farren; CCP 13-Jun-1829 - [1829] EngR 519; (1829) 3 Car and P 623; (1829) 172 ER 574 (A)
 
Cotton v James (1830) 1 B and Ad 128; [1830] EngR 713; (1830) 1 B and Ad 128; (1830) 109 ER 735
30 Jun 1830


Evidence, Insolvency
The burden of proof can shift during the course of a trial. Silence in circumstances in which a party would be expected to answer might convert evidence into proof.
1 Cites

1 Citers

[ Commonlii ]
 
Evans v Getting [1835] EngR 88; (1835) 6 Car and P 586; (1835) 172 ER 1376
1835


Land, Evidence
The manors of R and S the parishes of C and of Y, and the counties of Brecon were coterminous: Held: that in an action for disturbance of common, in which the boundaries of the two manors came in question, a county history of the county of Brecon, which stated the boundaries of he counties at this spot, was not receivable in evidence.
[ Commonlii ]
 
Rex v Wilde (1835) 1 R and MCCR 452
1835


Evidence

1 Citers


 
Rex v Kerr (1837) 8 C and P 176
1837


Evidence

1 Citers


 
Wright v Doe Dem Sandford Tatham [1837] EngR 853; (1837) 7 Ad and E 313; (1837) 112 ER 488
13 Jun 1837
KBD

Wills and Probate, Evidence
The court was asked as to the understanding of th edeceased when he made his will. Letters, found in the house, were produced and the court now asked whether they could be used in evidence. Held: such letters were not admissible unless connected in evidence witb some act done by the testator.
1 Citers

[ Commonlii ]

 
 Wright v Doe Dem Tatham; HL 22-May-1838 - [1838] EngR 649; (1838) 4 Bing NC 489; (1838) 132 ER 877
 
George Wright v Sandford Tatham [1838] EngR 710; (1838) 5 Cl and Fin 670; (1838) 7 ER 559
7 Jun 1838


Evidence
On a question of the competence of a party to make a will, letters written to that party by person since deceased, and found (many years after their date) among his papers, are not admissible in evidence without proof that he himself acted upon them.
1 Cites

[ Commonlii ]
 
The Sussex Peerage Case (1844) 11 Cl and Fin 85; 8 ER 1034; [1844] EngR 822; (1844) 11 Cl and Fin 85; (1844) 8 ER 1034
1844

Tindal CJ
Evidence, Litigation Practice
Statements against penal interest are outside the common law exception of statements against interest. The oral confession of a deceased person was considered.
The court considered principles of statutory interpretation: "Acts should be construed according to the intent of Parliament. If the words are clear no more can be done than to use their natural meaning. The words alone do declare the intention of the lawgiver." and 'If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver'.
1 Citers

[ Commonlii ]
 
Carmichael v Carmichael (669) [1845] EngR 669; (1845) 2 Holt Eq 1; (1845) 71 ER 771
22 Apr 1845


Evidence

[ Commonlii ]
 
Carpmael v Powis (1846) 1 Ph 687
1846

Lord Lyndhurst LC
Legal Professions, Evidence
The court discussed the extent and scope of legal professional privilege: "I am of the opinion that the privilege extends to all communications between a solicitor, as such, and his client, relating to matters within the ordinary scope of a solicitor's duty." and "Now, it cannot be denied that it is an ordinary part of a solicitor's business to treat for the sale or purchase of estates for his clients. For some purposes his intervention is indispensable in such transactions: he is to draw the agreements, to investigate the title, to prepare the conveyance. All these things are in the common course of his business. But it is said that the fixing of a reserved bidding and other matters connected with the sale are not of that character, inasmuch as they might be entrusted equally well to anyone else. It is impossible, however, to split the duties in that manner without getting into inextricable confusion. I consider them all parts of one transaction – the sale of an estate : and that a transaction in which solicitors are ordinarily employed by their client. That being the case, I consider that all communications which may have taken place between the witness and his client in reference to that transaction are privileged."
1 Cites

1 Citers


 
Clements v Ohrly [1847]
1847

Lord Denman CJ
Evidence
Similarity of handwriting alone is not enough to constitute probable cause for charging a person with forgery without evidence of other circumstances.
1 Citers


 
Rex v Cheverton (1848) 2 F and F 833
1848


Evidence, Criminal Practice

1 Citers


 
Regina v Mullins (1848) 3 Cox CC 526
1848


Evidence

1 Citers


 
Gibson v Pollock (1848) 11 D 343
1848


Evidence
The court admitted evidence of practice in dog coursing to determine whether the owner or nominator of a dog was entitled to a prize on its success.
1 Citers


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.