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" ECL 3S3, the testator's hand was arrested while he was in the act of tearing the will ; he submitted to the interference ; and the intention of revoking was itself revoked before the act was complete. There it was properly left to the jury to say whether... "
Reports of Cases Argued and Determined in the Court of King's Bench: With ... - Page 488
by Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1820
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A Treatise of the Law Relative to Contracts and Agreements Not ..., Volume 2

Samuel Comyn - Contracts - 1807 - 646 pages
...the famples (ill continued as at firft, the commodity in bulk was become perfectly unmerchantable. Upon this evidence the learned judge left it to the jury to find for the defendant on the firft count, if they were fatisfied that the commodity agreed at the...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 2

Great Britain. Court of Common Pleas, William John Broderip, Peregrine Bingham - Law reports, digests, etc - 1821 - 812 pages
...together the pieces into which he had torn the will. The learned Judge who tried that cause left it to the jury to say whether the testator had done all...not prevented from completing the act of destruction which he intended ; and the Court held, that this was properly left to the jury, and refused to disturb...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 5

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1823 - 726 pages
..." there is nothing ripped that will be of any signification to it." The learned Judge there left it to the jury to say whether the testator had done all...prevented from, completing the act of destruction he at first meant ; 1821. and the jury having found that he had not done all that he had intended to do...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 680 pages
...the samples still continued as at first, the commodity in bulk was become perfectly unmerchantable. Upon this evidence the learned judge left it to the jury to find for the defendant on the first, count, if they were satisfied that the commodity agreed at the...
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Crown Cases Reserved for Consideration: 1837 to 1844

Great Britain. Court for Crown Cases Reserved - Criminal law - 1837 - 570 pages
...the wood, but was soon afterwards seen in the close, called Kingshoe Close, which adjoined the wood. Upon this evidence, the learned JUDGE left it to the jury to say, whether he was one of the party in the wood ; and they having found that he was, a general verdict...
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Crown Cases Reserved for Consideration [1824-44]: 1824 to 1837

Great Britain. Court for Crown Cases Reserved, William Moody - Criminal law - 1839 - 584 pages
...the wood, but was soon afterwards seen in the close, called Kingshoe Close, which adjoined the wood. Upon this evidence, the learned Judge left it to the jury to say, whether he was one of the party in the woods ; and they having found that he "was, a general verdict...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - Law reports, digests, etc - 1854 - 1046 pages
...if he did not do so, the plaintiff went out. This was the assault complained of in the first count. Upon this evidence, the learned judge left it to the jury to say, whether there was an intention on the part of the defendant to assault the plaintiff, and whether...
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A Treatise on the Law of Executors and Administrators, Volumes 1-2

Edward Vaughan Williams - Executors and administrators - 1856 - 966 pages
...had been obliterated, he said, " It is a good job it is no worse : " Upon this evidence, it was left to the jury to say whether the testator had done all he intended, or whether he was prevented from completing the act of destruction he intended : They found that he was so prevented,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 6

Great Britain. Courts - Law reports, digests, etc - 1869 - 704 pages
...together the pieces into which he had torn the will. The learned judge who tried that cause left it to the jury to say whether the testator had done all...not prevented from completing the act of destruction which he intended ; and the court held, that this was properly left to the jury, and refused to disturb...
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The American Reports: Containing All Decisions of General Interest ..., Volume 8

Isaac Grant Thompson - Law reports, digests, etc - 1873 - 802 pages
...however, appear to have presented itself to the mind of any of the parties at the time of making the will. Upon this evidence the learned judge left it to the jury to say " whether, on the 2d December, 1863, or on the 27th December, 1863, or on both, the testator was...
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