Select Cases on the Law of Evidence as Applied During the Examination of WitnessesDiossy Law Book Company, 1895 - 764 pages |
From inside the book
Results 1-5 of 73
Page 25
... charge which is the subject of the inquiry . The constitutional provision protects persons charged with crime against such inquisitorial and compulsory proceedings . Under the rule of the common law an accused person was not permitted ...
... charge which is the subject of the inquiry . The constitutional provision protects persons charged with crime against such inquisitorial and compulsory proceedings . Under the rule of the common law an accused person was not permitted ...
Page 48
... charged , and not guilty of murder . The U. S. Supreme Court held the ruling of the Circuit Court as to the competency of the witnesses , Spear and Martin , not error ; but reversed the judgment and directed the Circuit Court to order a ...
... charged , and not guilty of murder . The U. S. Supreme Court held the ruling of the Circuit Court as to the competency of the witnesses , Spear and Martin , not error ; but reversed the judgment and directed the Circuit Court to order a ...
Page 62
... charge in the complaint . If secondary evidence were not objected to by either the party or the witness , it would be sufficient . See Perry v . People , 86 N. Y. , 353 . People v . Wood , 126 N. Y. , 249 62 ABBOTT'S SELECT CASES ON ...
... charge in the complaint . If secondary evidence were not objected to by either the party or the witness , it would be sufficient . See Perry v . People , 86 N. Y. , 353 . People v . Wood , 126 N. Y. , 249 62 ABBOTT'S SELECT CASES ON ...
Page 65
... charge , but all knowledge of the letters . The defendant asserted the truth of the charges and insinuations contained in the article , and in support of its contention called the husband of the plaintiff , to whom the following ...
... charge , but all knowledge of the letters . The defendant asserted the truth of the charges and insinuations contained in the article , and in support of its contention called the husband of the plaintiff , to whom the following ...
Page 72
... charge of the learned judge in regard to the defend- ant not going on the stand as a witness was not subject to legal objection . The court told the jury that the defendant was not bound to go on the stand , and that he could say to the ...
... charge of the learned judge in regard to the defend- ant not going on the stand as a witness was not subject to legal objection . The court told the jury that the defendant was not bound to go on the stand , and that he could say to the ...
Other editions - View all
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.