Notes of the Commissioners to the Code of Evidence Reported to the Legislature, Feb. 18891889 - 53 pages |
From inside the book
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Page iv
... appears more clearly when the following remarks by Professor Wharton are considered : " The old common law rules with regard to relevancy can no longer be maintained against the criticisms , first of Mr. Bentham , then of Mr. J. S. Mill ...
... appears more clearly when the following remarks by Professor Wharton are considered : " The old common law rules with regard to relevancy can no longer be maintained against the criticisms , first of Mr. Bentham , then of Mr. J. S. Mill ...
Page viii
... appears when we observe that the process of development of the law of evidence seems to have been from a primary assumption that any fact whatever was relevant as evidence , but that experience showed that certain classes of facts ...
... appears when we observe that the process of development of the law of evidence seems to have been from a primary assumption that any fact whatever was relevant as evidence , but that experience showed that certain classes of facts ...
Page ix
... appear , from these reflections , and from the experience of judges and lawyers , plainly evident . The main divisions of this Code are similar to those of the Indian Evidence Act and Stephen's Digest of the Law of Evidence . Those ...
... appear , from these reflections , and from the experience of judges and lawyers , plainly evident . The main divisions of this Code are similar to those of the Indian Evidence Act and Stephen's Digest of the Law of Evidence . Those ...
Page 6
... 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 ...
... 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 ...
Page 24
... appears that the proof was taken upon the oath of an interested , or incompetent witness , the conveyance , or the record , or transcript thereof , is not admissible as evidence until its execution is proved by other evidence . $ 109 ...
... appears that the proof was taken upon the oath of an interested , or incompetent witness , the conveyance , or the record , or transcript thereof , is not admissible as evidence until its execution is proved by other evidence . $ 109 ...
Common terms and phrases
action or proceeding admissible as evidence admissible as primary adverse party Article authority Barb certified CHAPTER Civil Procedure clerk Code Civ Commissioners common law conveyance of real copy court cross-examination custody DAVID DUDLEY FIELD deceased person declaration or omission defined dence Digest of Evidence Effect of judgment equitable estoppel examination execution existence fact in issue facts relevant Greenleaf on Evidence handwriting Indian Evidence Act intended judge judicial jurisdiction jury justice law of evidence laws of eighteen logical matter nine hundred oral evidence Paper or record party offering presumption primary evidence proof proved provisions public officer public writings pursuant to law question read in evidence real property relevant to show repealed respecting Rules of evidence secondary evidence SECTION section 28 Sir James Stephen special proceeding Stephen's Digest Subdivision Taylor on Evidence term Text Book Series thereof tion transcript trial Wend Wharton on Evidence Witness impeached words
Popular passages
Page 47 - 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, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Page 23 - A conveyance, acknowledged or proved, and certified in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof.
Page 26 - ... 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of the original. 2.
Page 11 - A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
Page 51 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony, as provided in section two thousand and fifty-two.
Page 35 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1. Where a mistake or imperfection of the writing is put in issue by the pleadings; 2.
Page 46 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 40 - The effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority.
Page 47 - 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 16 - The accession to office, and the official signatures and seals of office, of the principal officers of government, in the legislative, executive and judicial departments of this state and of the United States : 6.