Select Cases on the Law of Evidence as Applied During the Examination of WitnessesDiossy Law Book Company, 1895 - 764 pages |
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Page iii
Austin Abbott. PREFACE . In this volume I have brought together the leading authorities that now define our practice in the examination of witnesses . I have arranged them so that the reader perusing them in order will find the law ...
Austin Abbott. PREFACE . In this volume I have brought together the leading authorities that now define our practice in the examination of witnesses . I have arranged them so that the reader perusing them in order will find the law ...
Page 9
... authorities in detail see 1 Abb . New Pr . and F. , 230. ) Where he believes in a religion , other than the Christian , he may be sworn according to the peculiar ceremonies , if any , of his religion . Omi- chund v . Barker , Willes 238 ...
... authorities in detail see 1 Abb . New Pr . and F. , 230. ) Where he believes in a religion , other than the Christian , he may be sworn according to the peculiar ceremonies , if any , of his religion . Omi- chund v . Barker , Willes 238 ...
Page 39
... authorities , " said the Chief Justice , " have been referred to , which lay down the law that a person non compos mentis is not an admissable witness . But in what sense is the expression non compos mentis employed ? If a person be so ...
... authorities , " said the Chief Justice , " have been referred to , which lay down the law that a person non compos mentis is not an admissable witness . But in what sense is the expression non compos mentis employed ? If a person be so ...
Page 56
... authorities ] this was error for which conviction might have been reversed had exception been taken , yet the court did not thereby lose jurisdiction ; for all the component parts of the court remained present taking part in the trial ...
... authorities ] this was error for which conviction might have been reversed had exception been taken , yet the court did not thereby lose jurisdiction ; for all the component parts of the court remained present taking part in the trial ...
Page 59
... authority in the court , decline to answer a question put to him , or in some other way bring himself in conflict with the court . Who shall decide what course shall be taken with him ? Shall he return to the bench and take part in ...
... authority in the court , decline to answer a question put to him , or in some other way bring himself in conflict with the court . Who shall decide what course shall be taken with him ? Shall he return to the bench and take part in ...
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Select Cases on the Law of Evidence as Applied During the Examination of ... Austin Abbott No preview available - 2018 |
Select Cases on the Law of Evidence As Applied During the Examination of ... Austin Abbott No preview available - 2015 |
Select Cases on the Law of Evidence: As Applied During the Examination of ... Austin Abbott No preview available - 2015 |
Common terms and phrases
action admissible admitted affirmed the judgment alleged answer Appeals affirmed asked Atlantic Rep attorney behalf called circumstances claimed Code common law comparison conversation Court of Appeals cross-examination damages deceased declarations deed defendant defendant's counsel dence direct examination entries error to allow evidence exception taken excluded expert facts genuine give given Greenl ground handwriting held husband impeach incompetent incompetent evidence injuries intent interest intestate issue jury knowledge Louisa F matter memoranda memorandum ment mortgage N. Y. Supp ness Northeast Northwest Objection overruled offered opinion Pacific Rep paper physician plaintiff's counsel privilege proof proper proved purpose received recollection referred refresh his memory refuse Reported reversed the judgment rule shown Southern Rep Southwest statement statute subscribing witnesses sufficient Supreme Court sustained Term affirmed testator testify testimony tion trial judge verdict voir dire Wend writing York Court York Supreme Court
Popular passages
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.