A Treatise on the Law of WitnessesBanks & brothers, 1887 - 573 pages |
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Page 4
Stewart Rapalje. time of his examination ; and that it ought to appear that no serious fit of insanity has intervened , so as to cloud his recollection , and cause him to mistake the illusions of imagi- nation for the events he has ...
Stewart Rapalje. time of his examination ; and that it ought to appear that no serious fit of insanity has intervened , so as to cloud his recollection , and cause him to mistake the illusions of imagi- nation for the events he has ...
Page 6
... appears that he can read and write , and communi- cate ideas , imperfectly , by writing.3 - The law § 7. Children : Age as affecting Competency . fixes no precise age within which children are absolutely excluded as witnesses . Their ...
... appears that he can read and write , and communi- cate ideas , imperfectly , by writing.3 - The law § 7. Children : Age as affecting Competency . fixes no precise age within which children are absolutely excluded as witnesses . Their ...
Page 22
... appears to have been not so much to punish the party , by depriving him of the privi- lege of being a witness or a juror , as to prohibit the courts from receiving the oath of any person convicted of disregarding its obligation . And ...
... appears to have been not so much to punish the party , by depriving him of the privi- lege of being a witness or a juror , as to prohibit the courts from receiving the oath of any person convicted of disregarding its obligation . And ...
Page 32
... appears that another person can testify to the same facts , even though such person lives out of the State ; 2 and that even one who , by purchase , has become merely a quasi party to the suit is incompetent . So , also , a plaintiff ...
... appears that another person can testify to the same facts , even though such person lives out of the State ; 2 and that even one who , by purchase , has become merely a quasi party to the suit is incompetent . So , also , a plaintiff ...
Page 37
... appear , is not a party to the litigation so as to disqualify him as a witness.2 - § 29. Parties Liable to Costs . The interest in the event which will disqualify a party to the record need not be a direct interest in the subject ...
... appear , is not a party to the litigation so as to disqualify him as a witness.2 - § 29. Parties Liable to Costs . The interest in the event which will disqualify a party to the record need not be a direct interest in the subject ...
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Common terms and phrases
action or proceeding administrator admissible admitted adverse party agent answer assignee assignor attorney Bank Barb behalf Blackf Brown character charged chose in action civil civil action Clark co-defendant common law Commonwealth competent to testify competent witness contradict conviction court credibility crime criminal cross-examination Cush Davis deceased person defendant disqualified effect evidence examination excluded executor fact favor Gratt Gray Mass Greenl held competent Ibid impeach incompetent indictment indorser infra interest intestate Iowa Jackson Johnson Jones N. C. judgment jury liability marriage matter ment Metc Miller Moore ness oath objection offence Ohio St opinion partner party calling perjury permitted to testify petent plaintiff prosecution prove question R. R. Co release rendered rule Smith Stat statement statute sued suit supra surety sworn Tenn testator testi testimony tion transaction trial usury voir dire Watts Wend
Popular passages
Page 159 - There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate...
Page 181 - No person shall be disqualified as a witness in any civil or criminal case or proceeding by reason of his interest in the event of the same as a party or otherwise or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility...
Page 508 - 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 151 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 221 - 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 221 - ... 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 178 - ... in regard to any personal transaction or communication between such witness and a person, at the time of such examination deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.
Page 164 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other, during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other.
Page 261 - Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Page 488 - ... the opinion of witnesses possessing peculiar skill is admissible whenever the subjectmatter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance, in other words, when it so far partakes of the nature of a science as to require a course of previous habit, or study, in order to the attainment of a knowledge of it.