A Digest of the Law of EvidenceThe editor, 1885 - 334 pages |
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Page xiii
... called as a witness has asserted the existence of any fact . ( Hearsay . ) 3. The fact that any person is of opinion that a fact exists . ( Opinion . ) 4. The fact that a person's character is such as to render conduct imputed to him ...
... called as a witness has asserted the existence of any fact . ( Hearsay . ) 3. The fact that any person is of opinion that a fact exists . ( Opinion . ) 4. The fact that a person's character is such as to render conduct imputed to him ...
Page xiv
... to questions affecting their credit may be con- tradicted in certain cases and not in others . This brief statement will show what I regard as constituting the Law of Evidence properly so called . My view xiv INTRODUCTION .
... to questions affecting their credit may be con- tradicted in certain cases and not in others . This brief statement will show what I regard as constituting the Law of Evidence properly so called . My view xiv INTRODUCTION .
Page xv
James Fitzjames Stephen. the Law of Evidence properly so called . My view of it ex- cludes many things which are often regarded as forming part of it . The principal subjects thus omitted are as follows : - I regard the question , What ...
James Fitzjames Stephen. the Law of Evidence properly so called . My view of it ex- cludes many things which are often regarded as forming part of it . The principal subjects thus omitted are as follows : - I regard the question , What ...
Page lxxxiii
... called - 68 . Proof when attesting witness denies the execution - 69 . Proof of document not required by law to be attested - 70 . Secondary evidence - 71 . Cases in which secondary evidence relating to documents may be given - 72 ...
... called - 68 . Proof when attesting witness denies the execution - 69 . Proof of document not required by law to be attested - 70 . Secondary evidence - 71 . Cases in which secondary evidence relating to documents may be given - 72 ...
Page lxxxvi
... called for and produced on notice - 139 . Using , as evidence , a document production of which was refused on notice .. Pages 214-240 CHAPTER XVII . - OF DEPOSITIONS . ART . 140. Depositions before magistrates - 141 . Depositions under ...
... called for and produced on notice - 139 . Using , as evidence , a document production of which was refused on notice .. Pages 214-240 CHAPTER XVII . - OF DEPOSITIONS . ART . 140. Depositions before magistrates - 141 . Depositions under ...
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Common terms and phrases
18 Vict 97 Mass action acts Acts of Parliament admissible Allen appear ARTICLE Bank Barb Bradw Brown Clark Comm common law competent confession copy Court crime criminal cross-examination Cush Davis deceased declaration against interest declarations deed deemed dence deposition document dying declaration estoppels examination Excrs execution existence fact in issue fraud given Gray Illustrations impeach Indian Evidence Act irrelevant Jackson Jones judge judgment judicial judicial notice jury Law of Evidence Lord marriage matter ment N. J. Eq N. Y. Code Civ notice oath opinion oral evidence party person presumption proceeding proof proved purporting question received relevant fact Reports rule seal Smith statement statutes supra T. E. ss testator testify testimony tion transaction trial Van Aernam Wall Wend Wilson
Popular passages
Page 110 - 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 148 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 146 - Next follows a general provision, in section 14, that " whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 148 - ... the. attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish or district in which such office...
Page 184 - A person shown not to have been heard of for seven years by those (if any) who if he had been alive would naturally have heard of him, is presumed to be dead, unless the circumstances of the case are such as to account for his not being heard of without assuming his death...
Page 151 - Extracts from the Journals of the Senate or of the House of Representatives, and of the Executive Journal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall be admitted as evidence in the courts of the United States, and shall have the same force and effect as the originals would have if produced and authenticated in court.
Page 285 - On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceedings. An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the court or judge otherwise directs.
Page 278 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse...
Page 148 - ... shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that...
Page 149 - SEC. 5595. The foregoing seventy-three titles embrace the statutes of the United States, general and permanent in their nature, in force on the first day of December, one thousand eight hundred and seventy-three...