A Treatise on the Law of WitnessesBanks & brothers, 1887 - 573 pages |
From inside the book
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Page 5
... believe in future rewards and punishments , and a physician tes- tified that in his opinion the witness could give an account of any transac- tion that happened before his eyes . His testimony was admitted , the court holding that in ...
... believe in future rewards and punishments , and a physician tes- tified that in his opinion the witness could give an account of any transac- tion that happened before his eyes . His testimony was admitted , the court holding that in ...
Page 11
... believe . 1 Per Lord Hardwicke , 1 Atk . 48 . " The law is wise in requiring the highest attainable sanction for the truth of testimony given ; and is con- sistent in rejecting all witnesses in capable of feeling this sanction , or of ...
... believe . 1 Per Lord Hardwicke , 1 Atk . 48 . " The law is wise in requiring the highest attainable sanction for the truth of testimony given ; and is con- sistent in rejecting all witnesses in capable of feeling this sanction , or of ...
Page 12
... believe in the existence of a God , nor in a future state of rewards and punishments , are not competent witnesses.2 The test is , does the witness believe in God , and that He will punish him if he swears falsely ? 3 And the great ...
... believe in the existence of a God , nor in a future state of rewards and punishments , are not competent witnesses.2 The test is , does the witness believe in God , and that He will punish him if he swears falsely ? 3 And the great ...
Page 16
... believe in a God who will punish false swearing.2 In Georgia and Massachusetts , the decisions hold that this disbelief goes only to the credibility of the witness . In several other states , where the statutory provision is that " all ...
... believe in a God who will punish false swearing.2 In Georgia and Massachusetts , the decisions hold that this disbelief goes only to the credibility of the witness . In several other states , where the statutory provision is that " all ...
Page 32
... believe it . It is also easy for per- sons who are prejudiced and prepos- sessed , to put false and unequal glosses upon what they give in evi- dence ; and therefore the law removes them from testimony , to prevent their sliding into ...
... believe it . It is also easy for per- sons who are prejudiced and prepos- sessed , to put false and unequal glosses upon what they give in evi- dence ; and therefore the law removes them from testimony , to prevent their sliding into ...
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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 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 examined 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 replevin 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.