A Treatise on the Law of Evidence, Volumen1Little, Brown,, 1876 |
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Página 19
... witness testifies to the principal fact in issue , as when a mur- der is committed , — and the witness tes- tifies that he saw the blow inflicted , which resulted in death , and the person by whom it was so inflicted . In such a case ...
... witness testifies to the principal fact in issue , as when a mur- der is committed , — and the witness tes- tifies that he saw the blow inflicted , which resulted in death , and the person by whom it was so inflicted . In such a case ...
Página 157
... witness of the transaction , and he is since dead . " § 126. Exception . An exception to this rule has been con- tended for in the admission of the declarations of a deceased attest- ing witness to a deed or will , in disparagement of ...
... witness of the transaction , and he is since dead . " § 126. Exception . An exception to this rule has been con- tended for in the admission of the declarations of a deceased attest- ing witness to a deed or will , in disparagement of ...
Página 199
... witness were personally present . And if the witness gave a written deposi- tion in the cause , but afterwards testified orally in court , parol evidence may be given of what he testified viva voce , notwith- standing the existence of ...
... witness were personally present . And if the witness gave a written deposi- tion in the cause , but afterwards testified orally in court , parol evidence may be given of what he testified viva voce , notwith- standing the existence of ...
Página 201
... witnesses did not state the precise words used by the deceased witness , but only the substance of them , from recollection , aided by notes taken at the time ; and one of the witnesses testi- fied that he was confident that he stated ...
... witnesses did not state the precise words used by the deceased witness , but only the substance of them , from recollection , aided by notes taken at the time ; and one of the witnesses testi- fied that he was confident that he stated ...
Página 202
... witness's narrative , and the exactness with which he undertakes to repeat every word of the deceased's testi- mony , ought to excite just doubts of his own honesty , and of the truth of his evidence . It seems , therefore , to be ...
... witness's narrative , and the exactness with which he undertakes to repeat every word of the deceased's testi- mony , ought to excite just doubts of his own honesty , and of the truth of his evidence . It seems , therefore , to be ...
Otras ediciones - Ver todas
A Treatise on the Law of Evidence, Vol. 1 (Classic Reprint) Simon Greenleaf Sin vista previa disponible - 2017 |
Términos y frases comunes
action admissible admitted aliunde alleged answer attorney authority bill Bing Campb cause character circumstances cited claim common law Commonwealth competent witness conclusive confession Conn contract copy court court of equity Cowen crime criminal cross-examination Cush declarations deed defendant dence deposition East entry estopped estoppel examination facie fact favor fraud Gray Greenl ground held inadmissible indictment infra instrument interest issue Jackson Johns Jones judge judgment jury justice larations Lord Lord Ellenborough Lord Tenterden Mass matter ment nature ness oath opinion parol evidence party perjury person Phil Pick plaintiff pleaded presumed presumption prima facie principle prisoner produce proof proved question reason received record regard Roman law rule Shepl Smith Stark Stat statute Statute of Frauds sufficient suit supra Taunt testator testify testimony tion trial truth voir dire Wend writing
Pasajes populares
Página 321 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Página 391 - 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 Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 540 - 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.
Página 306 - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Página 41 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Página 334 - ... insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which with reference to these circumstances they are capable.
Página 237 - With respect to all verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake...
Página 540 - 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.
Página 435 - degree of credit, which ought to be given to the testimony of an accomplice, is a matter exclusively within the province of the jury. It has sometimes been said, that they ought not to believe him, unless his testimony is corroborated by other evidence ; and, without doubt, great caution in weighing such testimony is dictated by prudence and reason.
Página 257 - A free and voluntary confession," said Eyre, CB,2 " is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...