Rules of Evidence as Prescribed by the Common Law: For the Trial of Actions and Proceedings

Forside
Callaghan and Company, 1898 - 889 sider
 

Innhold

Lunatics and idiots
7
Illustrations
8
Persons convicted of crime
9
Must tend to prove issue when
10
As against one of two or more defendants
11
Matters pending suit
12
When relation begins and terminates
13
Notice knowledge etc
15
CHARACTER AND REPUTATION
20
Conditions upon which a writing was delivered
21
In criminal cases
22
VIIL WHAT THE PROSECUTION MUST ESTABLISH
23
Impeaching evidence
24
Number of witnesses
25
Explaining contradictory statements
26
Crossexamination as to collateral facts
30
Oral proof of the contents of a deposition
33
Evidence to show bias or corrupt motives
36
Married women
39
Promise to pay note after dishonor Proof of protest
43
Trespass
49
Title
51
Damages
57
Adequate remedy at
63
EvidenceEffect of prior proceedings upon
69
What communications come within the rule
72
Documents and papers protected
89
STATE SECRETS
102
In general
108
Not pleaded
116
CHAPTER V
131
Page
134
DYING DECLARATIONS
144
HEARSAY EVIDENCE CONTINUED
158
Interested third persons
168
Assignors grantors etc of parties as witnesses
170
Heirs legatees distributees etc as witnesses
171
172
172
Effect of prior testimony on other side
173
What is not a personal transaction
175
Illustrations
177
CHAPTER VI
181
Official character duties acts
192
Political divisions and geographical matters
193
Statutes of other states
194
RAILROADS
196
ADMISSIONS CHAPTER VII
199
Illustrations
202
Confessions
205
State 37 Ala 106
216
When admissions must be taken together
221
Demonstrative evidence
223
Lill 5 Bing 299
230
PUBLIC DOCUMENTS
234
Dwinnell 64 Wis 514 543
246
Immovables inscriptions
247
CHAPTER IX
262
How established
288
Negotiable paper
365
EXECUTORS AND ADMINISTRATORS
382
WILLS
389
XVIL CITIZENSHIP AND ALIENAGE
395
Actions by and against husband
402
CHAPTER XII
412
Lis mota What
423
183
434
Declarations must be complete
445
184
455
SHOPBOOKS ACCOUNTBOOKS
463
Van Dolsen 131 U S Ah How v Furth 13 Wash 550 139
464
Brewster 58 Hun 606 645
470
When memoranda must be made by a witness
471
Documents
484
185
486
Illustrations
495
DECLARATIONS OF ASSIGNOR AGAINST ASSIGNEE
505
Adams 22 Vt 30 388
509
Illustrations
512
Acts and declarations of or in the presence of donor
520
Opinions not allowable when
523
Field 21 Vt 256
574
XIL APPEARANCE IDENTITY AGE QUALITY
582
192
588
CHAPTER XVI
590
PRESUMPTIONS THAT OFFICERS DO THEIR DUTY
598
Main 3 Ind App 232 402
613
CHAPTER XVII
616
Alteration suppression destruction or manufacturing of evi
622
194
624
State 28 Fla 511 705
625
Presumed to be dead when
628
195
631
A person is presumed to do what it is his interest to
637
Other crimes
640
When party offering an altered paper must explain
644
196
648
Extinguishment of easement by cessation of enjoyment
653
199
654
202
655
From attempt or preparation to accomplish the same
668
PRESUMPTION AGAINST CRIME
675
Repetition of libel after action commenced
676
Price paid Sales
686
Opinion as to value of services
692
CHAPTER XX
696
Where the age health or sex may raise a presumption of sur
699
602
705
When general objection sufficient
717
Insanity
759
DEATH PROOF
761
Limited jurisdiction Courts
811
Work and materials
819
Foreign and interstate laws
851
Secondary evidence What
867
When writing need not be produced or accounted
880
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Side 224 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Side 224 - ... the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office...
Side 352 - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence, or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable...
Side 131 - 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 282 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Side 223 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Side 290 - If upon inspection and study of the writing, read, it may be, in the light of surrounding circumstances in order to its proper understanding and interpretation, it appears to contain the engagements of the parties, and to define the object and measure the extent of such engagement...
Side 80 - A person offending against any provision of any foregoing section of this code relating to bribery, is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding or investigation, in the same manner as any other person.
Side 137 - A husband or wife shall not be compelled, or without consent of the other, if living, allowed, to disclose a confidential communication, made by one to the other, during marriage.
Side 332 - There must be reasonable evidence of negligence, but when the thing causing the injury is shown to be under the control of a defendant, and the accident is such as in the ordinary course of business does not happen if reasonable care is used, it does, in the absence of explanation by the defendant, afford sufficient evidence that the accident arose from want of care on its part.

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