A Digest of the Law of EvidenceThe editor, 1885 - 334 pages |
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Page x
... proved ? and the question How must a fact be proved assuming that proof of it may be given ? The neglect of this distinction , which is concealed by the ambiguity of the word evidence ( a word which sometimes means testimony and at ...
... proved ? and the question How must a fact be proved assuming that proof of it may be given ? The neglect of this distinction , which is concealed by the ambiguity of the word evidence ( a word which sometimes means testimony and at ...
Page xii
... proved in such cases ; II . What sort of evidence must be given of a fact which may be proved ; III . By whom and in what manner the evidence must be produced by which any fact is to be proved . 1 See , e.g. , that able and interesting ...
... proved in such cases ; II . What sort of evidence must be given of a fact which may be proved ; III . By whom and in what manner the evidence must be produced by which any fact is to be proved . 1 See , e.g. , that able and interesting ...
Page xiii
... proved . Some facts need not be proved at all , because the Court will take judicial notice of them , if they are relevant to the issue . Every fact which requires proof must be proved either by oral or by documentary evidence . Every ...
... proved . Some facts need not be proved at all , because the Court will take judicial notice of them , if they are relevant to the issue . Every fact which requires proof must be proved either by oral or by documentary evidence . Every ...
Page xiv
... proved , evidence must be given of it by the person upon whom the burden of proving it is imposed , either by the nature of the issue or by any legal presumption , unless the fact is one which the party is estopped from proving by his ...
... proved , evidence must be given of it by the person upon whom the burden of proving it is imposed , either by the nature of the issue or by any legal presumption , unless the fact is one which the party is estopped from proving by his ...
Page xv
... proved under particular issues ? ( which many writers treat as part of the Law of Evi- dence ) as belonging partly to the subject of pleading , and partly to each of the different branches into which the Sub- stantive Law may be divided ...
... proved under particular issues ? ( which many writers treat as part of the Law of Evi- dence ) as belonging partly to the subject of pleading , and partly to each of the different branches into which the Sub- stantive Law may be divided ...
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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...