Select Cases on the Law of Evidence as Applied During the Examination of WitnessesDiossy Law Book Company, 1895 - 764 sider |
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Side 40
... circumstances and extent of the delusion . Unless judgment and discrimination be applied to each particular case , there may be the most disastrous consequences . " This case is also found in the 2d of Denison and Pearce's Crown Cases ...
... circumstances and extent of the delusion . Unless judgment and discrimination be applied to each particular case , there may be the most disastrous consequences . " This case is also found in the 2d of Denison and Pearce's Crown Cases ...
Side 73
... circumstances . We have carefully looked at and considered each and all the other grounds for a new trial which are set forth and discussed in the brief of the counsel for defendant , and we are quite clear that they do not show any ...
... circumstances . We have carefully looked at and considered each and all the other grounds for a new trial which are set forth and discussed in the brief of the counsel for defendant , and we are quite clear that they do not show any ...
Side 114
... circumstances under which it was acquired , and must be able to see that it is within both the language and the policy of the law . [ A ruling on a motion to nonsuit is here omitted . ] CHURCH , Ch . J. , RAPALLO and MILLER , JJ ...
... circumstances under which it was acquired , and must be able to see that it is within both the language and the policy of the law . [ A ruling on a motion to nonsuit is here omitted . ] CHURCH , Ch . J. , RAPALLO and MILLER , JJ ...
Side 116
... circumstances , an objection which might have been relied upon . It was in no sense an admission of the party , but proof by a witness . The party was not even then bound by the fact but might disprove it . Owen 2. Cawley ( 36 N. Y. ...
... circumstances , an objection which might have been relied upon . It was in no sense an admission of the party , but proof by a witness . The party was not even then bound by the fact but might disprove it . Owen 2. Cawley ( 36 N. Y. ...
Side 158
... circumstances as those to the defend- ants which were sought to be set aside , were called on behalf of plaintiff , but were not allowed , on defendants ' objection , to testify to personal transactions and communications with the ...
... circumstances as those to the defend- ants which were sought to be set aside , were called on behalf of plaintiff , but were not allowed , on defendants ' objection , to testify to personal transactions and communications with the ...
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action admissible admitted affirmed the judgment alleged answer asked Atlantic Rep attorney behalf called circumstances claimed common law communications competent witness contradict conversation conviction Court of Appeals criminal cross-examination declarations defendant defendant's counsel dence direct examination dying declarations entries evidence exception taken excluded executor expert facts genuine give given Greenl ground handwriting held husband impeach incompetent intent interest intestate issue jury knowledge Louisa F matter memorandum ment mortgage N. Y. Supp ness Northeast Northwest Objection overruled offered opinion Pacific Rep paper permit personal transaction physician plaintiff plaintiff's counsel privilege proof proper prove purpose question put received recollection referred refresh his memory refuse Reported res gesta reversed the judgment rule signature Southern Rep Southwest statute Supreme Court sustained sworn Term affirmed testator testify testimony tion trial judge verdict voir dire Wend Western Turnpike wife writing York Court York Supreme Court
Populære avsnitt
Side 123 - 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...
Side 481 - 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.
Side 139 - States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried ; Provided, 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...
Side 100 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Side 111 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Side 293 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Side 138 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title, by assignment or otherwise...
Side 158 - The true test of the interest of a witness," says Greenleaf (volume 1, § 390), "is that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain, and vested interest, and not an interest uncertain, remote, or contingent" Substantially the same definition was given by this court in Combs
Side 49 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Side 151 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.