 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1864 - 632 sider
...fact; and though the opinion of a witness under oath, as to that fact, might be asked, it would only be a compendious, mode of ascertaining the result of...the witness, from acts done, as to the habits and" demeanor of the deceased" In this case some of the Judges say that if the ecclesiastical courts admitted... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1884 - 888 sider
...is no evidence ; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact ; and, though...the witness, from acts done, as to the habits and demeanor of the deceased." Ibid, 735. Opinion of the Court. One other assignment of error remains to... | |
 | United States. Supreme Court - 1884 - 732 sider
...parties is no evidence; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact; and, though the...the witness, from acts done, as to the habits and demeanor of the deceased."-, Id. 735. ' I *0ne other assignment of error remains to be considered.... | |
 | United States. Supreme Court - 1884 - 888 sider
...is no evidence ; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact ; and, though...the witness, from acts done, as to the habits and demeanor of the deceased." Ibid, 735. Opinion of the Court. One other assignment of error remains to... | |
 | 1911 - 1372 sider
...fundamental canon in the investigation of truth, if we are opposed to Baron Parke's wish to employ 'a compendious mode of ascertaining the result of the actual observation of the witness,' then, of course, we shall look upon every witness as a possible 'usurper' of the jury's functions.... | |
 | James Bradley Thayer - 1900 - 1296 sider
...is no evidence ; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact ; and though the...the witness, from acts done, as to the habits and demeanor of the deceased.1 Nor is the evidence the more admissible because the persons writing the... | |
 | Ernest Cockle - 1907 - 248 sider
...; and though the opinion of a witness upon oath, as to that fact, might be asked, it would only be a compendious mode of ascertaining the result of the...because the persons writing the letters do not merely erpress an opinion in writing, but prove their belief of it by acting upon it to the extent of sending... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1911 - 888 sider
...parties is no evidence; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact; and, though the...the witness, from acts done, as to the habits and demeanor of the deceased." Ibid, 735. Opinion of the Court. One other assignment of error remains to... | |
 | Eugene Allen Gilmore, William Charles Wermuth - 1917 - 958 sider
...or sick, excited or calm, and many similar matters,53 although they are expressions of opinion, as "a compendious mode of ascertaining the result of the actual observation of the witness."54 So an ordinary witness, who has had special opportunities for observing the subject of... | |
 | Edward Wilcox Hinton - 1919 - 1136 sider
...670, loc. clt. 735 (1838): "And though the opinion of a witness upon oath as to that fact [sanity] might be asked, it would be only a compendious mode...the witness, from acts done, as to the habits and demeanor of the deceased." 20 Sherwood, J., in State v. Soper, 148 Mo. 217, 49 SW 1007 (1899): "It... | |
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... parties is no evidence ; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact ; and, though the opinion of a witness upon oath as to that fact might be asked, it would be only a compendious... 
