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Select Cases on the Law of Evidence as Applied During the Examination of ...
No preview available - 2018
action admissible admitted affirmed the judgment alleged allow answer apply asked attending attorney authority behalf called cause character charge circumstances claimed Code communications comparison competent condition contradict conversation conviction counsel course Court of Appeals cross-examination deceased defendant defendant's counsel determine direct effect entries error evidence examination exception excluded execution expert facts genuine give given ground handwriting held husband impeach incompetent intent interest issue judge judgment jury knowledge letters material matter memorandum memory nature Northeast Northwest objection offered opinion party permit person physician plaintiff present privilege produced proof proper prove question reason received referred refuse relation Reported respect reversed rule shown signature signed statements statute sufficient Supp Supreme Court sustained taken tending Term testator testify testimony tion transaction trial United wife witness writing written York
Page 123 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 481 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 139 - States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried ; Provided, That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify...
Page 100 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 111 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Page 293 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Page 138 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title, by assignment or otherwise...
Page 158 - The true test of the interest of a witness," says Greenleaf (volume 1, § 390), "is that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain, and vested interest, and not an interest uncertain, remote, or contingent" Substantially the same definition was given by this court in Combs
Page 49 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Page 151 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.