A Digest of the Law of EvidenceThe editor, 1885 - 334 pages |
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Page viii
... given subject , to which a judge would listen in an argument in court . Such works often become , un- der the hands of successive editors , the repositories of an ex- traordinary amount of research , but they seem to me to have the ...
... given subject , to which a judge would listen in an argument in court . Such works often become , un- der the hands of successive editors , the repositories of an ex- traordinary amount of research , but they seem to me to have the ...
Page x
... given ? The neglect of this distinction , which is concealed by the ambiguity of the word evidence ( a word which sometimes means testimony and at other times relevancy ) has thrown the whole subject into con- fusion , and has made what ...
... given ? The neglect of this distinction , which is concealed by the ambiguity of the word evidence ( a word which sometimes means testimony and at other times relevancy ) has thrown the whole subject into con- fusion , and has made what ...
Page xiv
... given of the contents of the document . III . As to the person by whom , and the manner in which the proof of a particular fact must be made . When a fact is to be proved , evidence must be given of it by the person upon whom the burden ...
... given of the contents of the document . III . As to the person by whom , and the manner in which the proof of a particular fact must be made . When a fact is to be proved , evidence must be given of it by the person upon whom the burden ...
Page xxi
... given in five short articles ( 106-110 ) . So , too , the doctrine of incompetency for peculiar or defective religious belief has been removed by many different enactments the effect of which is shown in one article ( 123 ) . The ...
... given in five short articles ( 106-110 ) . So , too , the doctrine of incompetency for peculiar or defective religious belief has been removed by many different enactments the effect of which is shown in one article ( 123 ) . The ...
Page lxxxii
... given in former proceeding , when relevant ..Pages 39-79 SECTION II . - Statements in Books , Documents , and Records , when relevant . ART . 33. Recitals of public facts in statutes and proclamations - 34 . Relevancy of entry in public ...
... given in former proceeding , when relevant ..Pages 39-79 SECTION II . - Statements in Books , Documents , and Records , when relevant . ART . 33. Recitals of public facts in statutes and proclamations - 34 . Relevancy of entry in public ...
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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...