Page images
PDF
EPUB

§ 4. The term "evidence" as used in this code, means judicial evidence as herein defined.

§ 5. Judicial evidence is the means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a question of fact.

§ 6. The term "writing" includes printing and anything printed or copied by type-writing, photography, or other mechanical process.

§ 7. Primary evidence is a material object introduced in evidence or an original writing, or a copy of such writing when such copy is declared by statute to be primary evidence.

§ 8. When a writing is executed in duplicate or in more than one part each part is primary evidence of the writing.

§ 9. When a writing is executed in counterpart, each counterpart being executed by one or some of the parties only, such counterpart is primary evidence against the party executing it.

§ 10. When a number of writings are all made by printing, lithography or photography, or any other process of such a nature as to secure uniformity in the copies, each is primary evidence of the others; but where all are copies of a common original none is primary evidence of the original.

§ 11. Secondary evidence is :

1. A copy of an original writing; or,

2. Copies made from an original writing by a mechanical process which in itself insures the accuracy of the copy, and copies compared with such copies; or,

3. Counterparts of writings against the parties who did not execute them; or,

4. A recital of the contents of a writing in some authentic writing; or,

5. Certified copies, and copies compared with the original as

prescribed by this code, in cases in which they are not declared to be primary; or

6. Oral evidence of the contents of an original writing.

$12. Corrobative evidence is additional evidence to the same point as that already given.

§ 13. Cumulative evidence is additional evidence of the same character to the same point as that already given.

§ 14. Partial evidence is evidence of a fact in a series tending to prove a fact in issue. It may be received, subject to be rejected, unless connected by other evidence with the fact in issue.

15. Proof is the effect of evidence.

A fact is proved when after considering the evidence before. him, the judge of the fact either believes it to exist or believes that its existence is so probable that a prudent man ought, under the circumstances of the particular case, to act upon the belief that it exists.

A fact is disproved when after considering the evidence before him, the judge of the fact either believes that it does not exist, or believes that its non-existence is so probable that a prudent man ought, under the circumstances of the particular case, to act upon the belief that it does not exist.

A fact is said not to be proved when it is neither proved nor disproved.

§ 16 The term "fact in issue" means:

1. A fact which by the pleadings in an action or special proceeding, is affirmed on one side and denied on the other;

2. In proceedings in which there are no pleadings, or in actions in which the form of the pleadings is such that distinct issues are not joined between the parties, any fact from the proof of which the existence, non-existence, nature or extent of any right, liability or disability asserted or denied would follow as a conclusion of law.

§ 17 The term "relevant" means that the fact to which it is applied is so related to another fact, that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other.

§ 18. The term "court" as used in this code includes also any officer who has the right of deciding on the matter to which the section in which the term is used applies. It may mean a judge, a magistrate, a referee or an arbitrator.

§ 19. Except when a contrary intention appears, words used in this code in the masculine gender include the feminine, words used in the present tense include the future, words used in the singular number include the plural and words used in the plural include the singular.

§ 20. The evidence of one witness who is entitled to credit is sufficient to prove any fact, unless otherwise prescribed by statute.

§ 21. When, by statute, a certificate is expressly made evidence of a fact or particular evidence is required, such statute remains unaffected by this code.

TITLE I.

FACTS IN ISSUE AND FACTS RELEVANT TO THE ISSUE.

Sec. 22. Of what facts evidence may be given.

23. Declaration of person not a witness when relevant.

24. Declaration, etc., of person against his interest relevant.

25. Declaration, etc., of person to whom a party has referred relevant.

26. Declaration, etc., of person in presence of party and conduct of latter, relevant. 27. Declaration, etc., forming part of transaction, how far relevant

28. Declaration, etc., of person claiming title to real property, how far relevant. 29. Declaration, etc., of person holding title to real property, how far relevant. 30. Declaration of person respecting personal property, etc., how far relevant. 31. Declaration of person against his surety, when relevant.

32. Declaration of sole executor relevant against beneficiary.

33. Declaration of executor, etc., relevant against co-executor, etc.

34. Declaration of agent or partner relevant.

35. Declaration of joint debtor, etc, relevant.

36. Declaration of conspirator relevant against co-conspirator.

37. Evidence of witness on former trial, when relevant.

38. Declaration of deceased person against pecuniary interest relevant.

Sec. 39. Declaration of deceased person as to pedigree, etc., relevant.

40. Declaration of deceased owner of real property, how far relevant.
41. Declarations of deceased person respecting lost will, etc., relevant.
42. Declaration of deceased person respecting public right relevant.
43. Declaration of dying person, when relevant.

44. Entry of deceased person, when relevant.

45. Copy of entry when treated as original entry.

46. Books of account of a party, when relevant.

47. Books of account of corporation, partnership, etc., relevant.

48 Particular instances recognizing public right relevant.

49. Monuments, etc., relevant as evidence of common reputation.

50. Historical works, etc, relevant as to matters of public interest.

51. Opinion of witness, in what cases relevant.

52. Opinion of subscribing witness to will relevant.

53. Witness not an expert may characterize acts as rational, etc.

54. Grounds of opinion are relevant.

55. Fact inconsistent, etc., with an opinion relevant.

56. Usage when relevant.

57. Offer of settlement, when relevant.

58. Admission of member of corporation relevant.

59. Admission of adultery will not authorize judgment.

60. Character of person, when relevant.

61. Good character of person in criminal actions relevant.

62. Character of person, how proved.

63. What facts relevant respecting a right of property.

64. Facts showing existence of state of mind, etc., relevant.

65. Fact introducing fact in issue, to rebut inference, etc., relevant.

66. What facts relevant in general.

67. Facts relevant to show act done by particular person.

68. Facts relevant to show act accidental or intentional.

69. When part of conversation, etc., given in evidence remainder may be. 70. When object may be shown jury.

§ 22. In conformity with the provisions of this code, evidence may be given in any action or proceeding of any fact in issue, of every fact relevant to a fact in issue, and of any other fact declared by statute to be relevant.

§ 23. The declaration, oral or written, of a person not produced as a witness is not relevant, unless made so by this code, or some other statute, or unless the making of the declaration is a fact in issue.

§ 24. The act, declaration or omission of a party against his interest, is relevant.

25. The declaration of a person to whom a party has referred for information in reference to a matter in dispute, is relevant against such party.

26. The act, or declaration of a person, in the presence and within the observation or hearing of a party, and the conduct of such party in relation thereto, are relevant against him, if, under the circumstances of the case, he would have been likely to be affected by the act or declaration.

27. When an act, declaration or omission forms part of a transaction, which is a fact in issue, or relevant to the issue, such act, declaration or omission, is relevant, if it tends to explain or to show the purpose or character of the transaction.

§ 28. The act, or declaration of a person claiming title to real property while in the actual or constructive possession thereof, is relevant in his own behalf, or in behalf of one claiming under him, to show the character of his possession, or the extent of his occupation or boundary.

§ 29. When a person derives title to real property from another, the act, declaration or omission of the latter, made while he held the title thereto, is relevant against the former in disparagement of his title, or to show the character of his title or possession, or the extent of his occupation or boundary, but not to contradict a deed, or to destroy the record title, or to defeat or impair the title of a purchaser in good faith.

30. The act, declaration or omission of a person against his interest in a right of action or in other personal property, is relevant against his assignee, vendee, or successor in interest, if the act, declaration or omission, occurred before the transfer of his interest therein. But such act, declaration or omission, is not relevant against an assignee or vendee in good faith, or the holder of a negotiable instrument in good faith.

§ 31. When the fact in issue is the performance or nonperformance of a duty by a third person, the act, declaration or omission of such person, is relevant in an action against his surety, if the act, declaration or omission, occurred in the course of the business in respect of which the surety was bound.

32. The act, declaration or omission of a sole executor, administrator or trustee, relating to his trust, is relevant against himself and against the beneficiary.

« PreviousContinue »