Dative case

“ That is done in the court below, when the particular fact is found which the evidence tends to prove. The effect of mere evidence stops when the fact it proves is established. After that the question is as to the effect of the fact; and when the evidence in a case has performed its part and brought out all the facts that have been proved, these facts thus established are to be grouped, and their legal effect as a whole determined. ”

“ Courtney, 5 Pet., 319, 354, this court also held, that where a person enters into land under a deed or title, his possession (in the absence of all other qualifying or controlling circumstances) is construed to be co-extensive with his deed or title; and although the deed or title may turn out to be defective or void, yet the true owner will be deemed disseised to the extent of the boundaries of such deed or title. This doctrine is strongly applicable to the possession under the partition in the present case. ”

“ If the defendant's title should be a connected title in law or equity, supposing no other to exist on the ground, then if he proves seven years' possession holding under it, the statute shall aid him, although the plaintiff may be able to show, by the production of his own title or that of others, that the title did not in law or fact pass to the defendant.'
The deed offered in evidence in this case was not such as the law would prim a facie consider good. It is not good when tested by its own face, but it is absolutely void upon its own face. ”

“ If the evidence of the claimants be clear and precisely in point, not to indulge in vague and indeterminate suspicions, but to pronounce an acquittal, unless that evidence be clouded with incredibility, or encountered by strong presumptions of mala fides, from the other circumstances of the case.' He also alludes to the absence of documentary evidence to support the defence set up by the claimants as affording an example of the application of these rules, as well as of another rule equally important. ”

“ We have thus stated all the findings of fact relative to the question of the change of possession, shown by the record.
Where a case is tried by the court, a jury having been waived, its findings upon questions of fact are conclusive in the courts of review, it matters not how convincing the argument that upon the evidence the findings should have been different. ”

“ The record affords no reason for any doubt of the existence of such a rule; which we think reasonable, highly conducive to the convenience of suitors, and fully within the power of the state court to adopt. This court would decide contrary to the spirit of all their former decisions on similar subjects, in declaring the evidence received in this case inadmissible, or insufficient to show title in the plaintiff. It is their unanimous opinion that the judgment must be affirmed. ”

“ They were part only of the evidence on which the ultimate finding depended, and occupy in the case the position of testimony rather than of the facts to which the law is to be applied by the judgment of the court. The refusal of the court to put such statements into the record, even though established by uncontradicted evidence, cannot properly be brought here by a bill of exceptions, unless it also appears that the determination of the ultimate fact to be ascertained depended alone upon the legal effect as evidence of the facts stated. ”

“ In Scots law the term is applied to persons, duties or powers, appointed or granted by a court of law; thus an “executor-dative” is an executor appointed by the court and not by a testator. It answers, therefore, to the English administrator (q.v.) . In Roman law, a tutor was either dativus, if expressly nominated in a testament, or optivus, if a power of selection was given.
DATOLITE, a mineral species consisting of basic calcium and boron orthosilicate, Ca (BOH) SiO4. ”

“ Indeed, so strong would be this inference, that in the absence of any attempt to explain or contradict the evidence, the jury would be justified in adopting the conclusion which it tended to prove. A presumption is an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known, and on this principle the jury should have been allowed to consider this evidence. ”

“ Curry, except the signing and service of the citation.
But the decisive objections to the regularity of the proceedings are as it respects the description of the parties. There are but three persons plaintiffs in error. In one of the cases the citation contains four. In the other the names in the citation are altogether different from those in the writ of error, and the bond given in each case to stay the execution misdescribes the parties to the judgment, reciting but one person as plaintiff in error, when there are three. ”

“ But this court is compelled, as all courts are, to receive evidence dehors the record affecting their proceeding in a case before them on error or appeal. The death of one of the parties after a writ of error or appeal requires a new proceeding to supply his place. The transfer of the interest of one of the parties by assignment or by a judicial proceeding in another court, as in bankruptcy or other wise, is brought to the attention of the court by evidence outside of the original record, and acted on. ”

“ While it is not necessary, we deem it well to say that, in reviewing the action of the court below, we are, of course, confined to the record and the case therein made, and may not, as the result of mistaken suggestions as to the issues and proof, disregard our duty by deciding, not the case as made, but an imaginary one, wherein issues not made and not presented below would have to be supplied, and whereby conjecture and surmise must be indulged to replace the total absence of all proof on a particular subject. ”

“ The equity of the plaintiff is sufficiently obvious in this case for the application of the rule. The proofs in the case show that she has a strong claim upon the appellant for the payment of the legacy for which she sucs him. It is manifest that the legacy has been made by the testator a charge upon both the real and personal estate which he means to give to his daughter. ”

“ The first bill, after stating certain evidence as given by plaintiff on the trial, says (p. 14) , 'upon the evidence aforesaid of the said plaintiff, defendant prays,' &c. It does not allege that this was the whole evidence given. This is a fatal and incurable defect in the case. For aught that appears, other and sufficient evidence may have been given, and the omission of it may have been the very reason why the instruction prayed was refused by the court. Plaintiff in error must establish the error in the judgment complained of; every reasonable intendment should be in favor of the judgment. ”

“ A testator may devise lands with a view to legacies, and make them a charge on the land, or on the person of the devisee, or on both; [1] and whether a particular legacy be in either predicament, must depend upon the language of the will. In the large class of cases which have been decided on this subject, and which has principally arisen from questions respecting the quantity of the estate taken by the devisee, the ground assumed has been, that the will must speak expressly, or by fair implication, that the testator intends the legacies to be a charge on the land. ”

“ It is also stated in the bill of exceptions that 'at the offering no objection was made that the evidence offered was not the evidence of said witnesses respectively, or that the same had been imperfectly taken and reported.' This shows that the depositions must have been sufficiently identified as the evidence of the witnesses in the former cases.
In the case, as it comes to us, we find no error. The decree of the circuit court is affirmed, and interest allowed. ”

“ Whether any express exception to the admissibility of the evidence was taken or not does not distinctly appear, but it does appear that the question whether the evidence was or not admissible was the principal question examined by the District Court, and the one upon which the decision in the case chiefly turned. ”

“ An item of evidence might be viewed as an island, with estimates of its own probative value and unfairly prejudicial risk the sole reference points in deciding whether the danger substantially out-weighs the value and whether the evidence ought to be excluded. Or the question of admissibility might be seen as inviting further comparisons to take account of the full evidentiary context of the case as the court understands it when the ruling must be made. ”

“ In Irish the adjective agrees with the noun which it qualifies in gender, number, and case.
There are four declensions of adjectives. Adjectives are declined very much like nouns; the great difference is that they never [1] take the termination iḃ in the dative plural (though formerly they did) . ”

“ And this we do not find to be the case. On the contrary, if there were error at all, it was such a mistake of judgment as would likely be committed by any one in similar peril.' See Id., 1 Ben. 30, Fed. Cas. No. 4,693; 8 Blatchf. 539, Fed. Cas. No. 4,695.
I agree with the court that the thirty-first finding is a finding of law and not of fact, but I think it was such a legal conclusion as was justified by the other findings. ”

“ A deed embraced by the statute is made evidence; that is, evidence of title; and is good against all other subsequent conveyances from the same grantor, unless it should be in a case where the grantee had failed to record the deed in the county where the land lies, within a reasonable time after the extinguishment of the Indian title, and against a purchaser without notice. ”

“ Courts of equity afford relief in case of mistake of facts, and allow parol evidence to vary and reform written contracts and instruments, when the defect or error arises from accident or misconception, as properly forming an exception to the general rule which excludes parol testimony offered to vary or contradict written instruments. ”

“ It is settled doctrine that as a latent ambiguity is only disclosed by extrinsic evidence, it may be removed by extrinsic evidence. Such an ambiguity may arise upon a will, either when it names a person as the object of a gift, or a thing as the subject of it, and there are two persons or things that answer such name or description; or, secondly, it may arise when the will contains a misdescription of the object or subject; as where there is no such person or thing in existence, or, if in existence, the person is not the one intended, or the thing does not belong to the testator. ”

“ Proposition VI.—Where the words of a will, aided by evidence of the material facts of the case, are insufficient to determine the testator’s meaning, no evidence will be admissible to prove what the testator intended, and the will (except in certain special cases in Proposition VII) will be void for uncertainty. ”

“ Both the plaintiffs and the defendants respectively claimed the property under the will of Gen. William Richardson Davie, the elder, made in September, 1819. The testator died in November, 1820. His will was duly executed to pass real estate, and was duly admitted to probate in the proper court. The plaintiffs were great-grandchildren of the testator, and were four in number. They were the children, and only heirs at law, of William Richardson Davie, doctor of medicine, who was the eldest male issue of William Jones Davie, who was a son of the testator. ”

“ We hear the case upon the record which is sent up, and if, taking the whole record together, it appears that we have no jurisdiction, the case must be dismissed. Here it is affirmatively shown that the value of the 'matter in dispute' is less than our jurisdictional amount. ”

“ It is needless to say that this bill of exceptions meets none of these requirements. From anything which is here presented no judge would be presumed to understand that the specific objection made to any one of his findings was that no evidence whatever had been introduced to prove it, or to one of his refusals, that the fact refused was material and had been conclusively shown by uncontradicted testimony. No ground whatever is stated for any one of all the exceptions that have been taken. ”

“ Not unmindful that upon this record we are bound by the findings of fact below made, and are confined to determining whether the facts as found sustain the judgment, if there is evidence supporting the findings, and, without departing from that rule, we at the outset refer, in chronological order, to some facts which are alleged in the pleadings, which are either directly or by necessary implication established by the findings, and as to which there can be no dispute whatever. ”

“ Prosecutors subsequently charged Davie with willfully setting fire to a forest. The "Oh God" statement was held inadmissible and Davie was acquitted. The Crown appealed to the British Columbia Court of Appeal from the acquittal, arguing that the trial judge had erred in ruling that the "Oh God" statement made by Davie in the polygraph room were inadmissible in evidence as a private communication intercepted without lawful authority. The British Columbia Court of Appeal allowed the appeal and, after ruling that God was not a person, set aside the acquittal verdict and ordered a new trial. ”

“ As the injury which we thus state rests upon the premises that all the propositions of law applied by the court are to be taken as correct, it follows that there is no possibility of deciding there was material error unless it is to be found in the application which the court made of the principle of law which it applied to the facts established by the evidence, all of which is in the record in connection with the findings made by the jury. ”