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 77
Page 37
... jury , on the ground that his mental faculties were so far im- paired as to render him incompetent to testify as a witness . This the court refused to do , but instructed the jury that his testimony must be taken with some allowance ...
... jury , on the ground that his mental faculties were so far im- paired as to render him incompetent to testify as a witness . This the court refused to do , but instructed the jury that his testimony must be taken with some allowance ...
Page 48
... jury found the defendant Logan and two of the others guilty of the conspiracy charged , and not guilty of murder ... juries and to evidence , be followed and practiced by the courts of this Republic , so far as the same may not be ...
... jury found the defendant Logan and two of the others guilty of the conspiracy charged , and not guilty of murder ... juries and to evidence , be followed and practiced by the courts of this Republic , so far as the same may not be ...
Page 61
... jury , and consent cannot give jurisdiction to the court to try it without a jury . But here , as we have shown , the tribunal created by the law , had regularly acquired jurisdiction of the case , and remaining in due and orderly ...
... jury , and consent cannot give jurisdiction to the court to try it without a jury . But here , as we have shown , the tribunal created by the law , had regularly acquired jurisdiction of the case , and remaining in due and orderly ...
Page 67
... jury to understand , in connection with that rule , that the prisoner had a right to say in effect to the prosecution that they must prove their case , and that in his judgment , the situation was such that he was not bound to take the ...
... jury to understand , in connection with that rule , that the prisoner had a right to say in effect to the prosecution that they must prove their case , and that in his judgment , the situation was such that he was not bound to take the ...
Page 69
... jury . " The Court : “ Take him . ” Defendant's Counsel : " And I earnestly and seriously protest against such extraordinary efforts being made to obtain a convic- tion . I solemnly declare , from my place at the bar , that I do not ...
... jury . " The Court : “ Take him . ” Defendant's Counsel : " And I earnestly and seriously protest against such extraordinary efforts being made to obtain a convic- tion . I solemnly declare , from my place at the bar , that I do not ...
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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 asked Atlantic Rep attorney behalf called circumstances claimed common law communications competent witness contradict conversation conviction Court of Appeals criminal cross-examination declarations defendant defendant's counsel dence direct examination dying declarations entries evidence exception taken excluded executor expert facts genuine give given Greenl ground handwriting held husband impeach incompetent intent interest intestate issue jury knowledge Louisa F matter memorandum ment mortgage N. Y. Supp ness Northeast Northwest Objection overruled offered opinion Pacific Rep paper permit personal transaction physician plaintiff plaintiff's counsel privilege proof proper prove purpose question put received recollection referred refresh his memory refuse Reported res gesta reversed the judgment rule signature Southern Rep Southwest statute Supreme Court sustained sworn Term affirmed testator testify testimony tion trial judge verdict voir dire Wend Western Turnpike wife 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.