Notes of the Commissioners to the Code of Evidence Reported to the Legislature, Feb. 18891889 - 53 pages |
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Page xi
... . CHAPTER III . - Presumptions . CHAPTER IV . - Witnesses . CHAPTER V. - Examination of witnesses and General Pro- visions . CHAPTER VI . - Repealing Clause . In treating the subject of proof of public writings and xi.
... . CHAPTER III . - Presumptions . CHAPTER IV . - Witnesses . CHAPTER V. - Examination of witnesses and General Pro- visions . CHAPTER VI . - Repealing Clause . In treating the subject of proof of public writings and xi.
Page xiii
... presumptions , the Commis- sioners have omitted what are known to the law as " indisput- able presumptions " or the " presumptiones juris et de jure of the Civil Law . As a common law rule of evidence they have practically disappeared ...
... presumptions , the Commis- sioners have omitted what are known to the law as " indisput- able presumptions " or the " presumptiones juris et de jure of the Civil Law . As a common law rule of evidence they have practically disappeared ...
Page xiv
... presumptions which ought to find a place in the law of evidence are those which relate to facts merely as facts , and apart from the particular right which they constitute . " The list included in this Code is by no means exhaustive ...
... presumptions which ought to find a place in the law of evidence are those which relate to facts merely as facts , and apart from the particular right which they constitute . " The list included in this Code is by no means exhaustive ...
Page xvii
... Presumption as to handwriting , etc. , in writing thirty years old .. 143. Subscribing witness defined .. 144. Writing having subscribing witness , how proved ... CHAPTER VIII . - EVIDENCE OF THE CONTENTS OF A WRITING . 32 32 32 32 32 ...
... Presumption as to handwriting , etc. , in writing thirty years old .. 143. Subscribing witness defined .. 144. Writing having subscribing witness , how proved ... CHAPTER VIII . - EVIDENCE OF THE CONTENTS OF A WRITING . 32 32 32 32 32 ...
Page xvii
... Presumption defined ..... 188. No presumption indisputable unless made so by statute 189. Disputable presumptions defined .. 189. Finding must be according to presumption unless repelled . 190. Disputable presumptions ..... CHAPTER IV ...
... Presumption defined ..... 188. No presumption indisputable unless made so by statute 189. Disputable presumptions defined .. 189. Finding must be according to presumption unless repelled . 190. Disputable presumptions ..... CHAPTER IV ...
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.