A Treatise on the Law of WitnessesBanks & brothers, 1887 - 573 sider |
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Side 9
... fact that a witness who is called to testify to the declarations of another cannot state the precise time or place , or the names of the persons present , goes only to his credibility , and not to the admissibility of his testimony ...
... fact that a witness who is called to testify to the declarations of another cannot state the precise time or place , or the names of the persons present , goes only to his credibility , and not to the admissibility of his testimony ...
Side 14
... fact . The truth and sincerity of the avowal , and the continuance of the belief thus avowed , are presumed , and very justly too , till they are dis- proved . If his opinions have been subsequently changed , this change will generally ...
... fact . The truth and sincerity of the avowal , and the continuance of the belief thus avowed , are presumed , and very justly too , till they are dis- proved . If his opinions have been subsequently changed , this change will generally ...
Side 19
... fact of infamy must be shown by the best evidence , or a proper foundation laid for the introduction of second- ary evidence of the fact . The cases of State v . Ridgely , 2 Harr . & M. ( Md . ) 120 , and Clarke v . Hall , Id . 378 ...
... fact of infamy must be shown by the best evidence , or a proper foundation laid for the introduction of second- ary evidence of the fact . The cases of State v . Ridgely , 2 Harr . & M. ( Md . ) 120 , and Clarke v . Hall , Id . 378 ...
Side 23
... fact of his being at liberty after the length of time for which he was sentenced , is prima facie evidence that he has suffered the punishment.1 - § 20. Abolition of the Disability by Statute . — In a large num- ber of the States ...
... fact of his being at liberty after the length of time for which he was sentenced , is prima facie evidence that he has suffered the punishment.1 - § 20. Abolition of the Disability by Statute . — In a large num- ber of the States ...
Side 26
... fact that a witness is principal chief of an Indian nation , is , at most , but presumptive evidence that he is an Indian , which , in the Supreme Court , is rebutted by the fact that he was admitted to testify in the Circuit Court ...
... fact that a witness is principal chief of an Indian nation , is , at most , but presumptive evidence that he is an Indian , which , in the Supreme Court , is rebutted by the fact that he was admitted to testify in the Circuit Court ...
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Vanlige uttrykk og setninger
action or proceeding administrator admissible admitted adverse party agent answer assignee assignor attorney Bank Barb behalf Blackf Brown character charged chose in action civil 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 examination 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 rule Smith Stat statement statute sued suit supra surety sworn Tenn testator testi testimony tion transaction trial usury voir dire Watts Wend
Populære avsnitt
Side 159 - There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate...
Side 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...
Side 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.
Side 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.
Side 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...
Side 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.
Side 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.
Side 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.
Side 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.
Side 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.