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 43
... proof of imbecility of mind would raise a presumption that such condition continued and might justly detract from , if it did not altogether destroy , the weight to be given to the evidence of the witness . The evidence of a lunatic ...
... proof of imbecility of mind would raise a presumption that such condition continued and might justly detract from , if it did not altogether destroy , the weight to be given to the evidence of the witness . The evidence of a lunatic ...
Side 44
... proof of loss was not sufficient to dispense with the production of the writing and , therefore , the testimony of this second witness to its contents was not competent . Indictment for an attempt to commit a rape . On the trial ...
... proof of loss was not sufficient to dispense with the production of the writing and , therefore , the testimony of this second witness to its contents was not competent . Indictment for an attempt to commit a rape . On the trial ...
Side 46
... proof that she had made search for it among her papers . Upon this evidence it can hardly be said that there was any proof of loss so as to let in secondary evidence . [ After consideration of other rulings below not affecting the ...
... proof that she had made search for it among her papers . Upon this evidence it can hardly be said that there was any proof of loss so as to let in secondary evidence . [ After consideration of other rulings below not affecting the ...
Side 73
... proof of guilt , and he was under no obligation to go on the stand and explain what as yet required no explana- tion . The case of Ruloffe v . People ( 45 N. Y. , 213 , 222 ) is authority for the correctness of the course pursued by the ...
... proof of guilt , and he was under no obligation to go on the stand and explain what as yet required no explana- tion . The case of Ruloffe v . People ( 45 N. Y. , 213 , 222 ) is authority for the correctness of the course pursued by the ...
Side 79
... proof of a contradictory statement made by the defendant at another time and place , with a view to discrediting him as a wit- ness . However that may be , and admitting that the testimony offered was strictly competent only in chief ...
... proof of a contradictory statement made by the defendant at another time and place , with a view to discrediting him as a wit- ness . However that may be , and admitting that the testimony offered was strictly competent only in chief ...
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Vanlige uttrykk og setninger
action admissible admitted affirmed the judgment alleged answer Appeals affirmed asked Atlantic Rep attorney behalf called circumstances claimed Code common law comparison conversation Court of Appeals cross-examination damages deceased declarations deed defendant defendant's counsel dence direct examination entries error to allow evidence exception taken excluded expert facts genuine give given Greenl ground handwriting held husband impeach incompetent incompetent evidence injuries intent interest intestate issue jury knowledge Louisa F matter memoranda memorandum ment mortgage N. Y. Supp ness Northeast Northwest Objection overruled offered opinion Pacific Rep paper physician plaintiff's counsel privilege proof proper proved purpose received recollection referred refresh his memory refuse Reported reversed the judgment rule shown Southern Rep Southwest statement statute subscribing witnesses sufficient Supreme Court sustained Term affirmed testator testify testimony tion trial judge verdict voir dire Wend 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.