The General Principles of the Law of Evidence: With Their Application to the Trial of Civil Actions at Common Law, in Equity and Under the Codes of Civil Procedure of the Several States ... |
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Page 648
... Smith , 325 ) ; and to statements to client by others or by others to client in his presence ( Gallagher v . Williamson , 23 Cal . 331 ) ; or to communications made by one party to his attorney in presence of the other party . Whiting v ...
... Smith , 325 ) ; and to statements to client by others or by others to client in his presence ( Gallagher v . Williamson , 23 Cal . 331 ) ; or to communications made by one party to his attorney in presence of the other party . Whiting v ...
Page 669
... Smith , 364 . Allegation , agreement to deliver property in consideration of transfer and release of a claim against third party ; proof , sale of debt without release . Meriden Britannia Co. v . Zingsen , 4 Robt . 313 , aff'd , 48 ...
... Smith , 364 . Allegation , agreement to deliver property in consideration of transfer and release of a claim against third party ; proof , sale of debt without release . Meriden Britannia Co. v . Zingsen , 4 Robt . 313 , aff'd , 48 ...
Page 671
... Smith v . Portland , 30 Fed . Rep . 734 . 293. Distinction Between Variance and Failure of Proof . a . Code Provisions .-- Where fraud is alleged as the basis of an action , the law will not permit a recovery by proof of a right of ...
... Smith v . Portland , 30 Fed . Rep . 734 . 293. Distinction Between Variance and Failure of Proof . a . Code Provisions .-- Where fraud is alleged as the basis of an action , the law will not permit a recovery by proof of a right of ...
Page 673
... Smith v . Frost , 70 N. Y. 65 . A failure of proof is where no cause of action or defense what- ever has been proved . Dunn v . Durant , 9 Daly , 391 . And see Poirer v . Fisher , 8 Bosw . 258 ; Kelsey v . Western , 2 N. Y. 500 ; Fay v ...
... Smith v . Frost , 70 N. Y. 65 . A failure of proof is where no cause of action or defense what- ever has been proved . Dunn v . Durant , 9 Daly , 391 . And see Poirer v . Fisher , 8 Bosw . 258 ; Kelsey v . Western , 2 N. Y. 500 ; Fay v ...
Page 685
... Smith , 100 U. S. 326 , 25 L. ed . 577 . In somewhat different phraseology a " deposition " may be defined to be the testimony of a witness reduced to writing , in due form of law , by virtue of a commission or other authority of a ...
... Smith , 100 U. S. 326 , 25 L. ed . 577 . In somewhat different phraseology a " deposition " may be defined to be the testimony of a witness reduced to writing , in due form of law , by virtue of a commission or other authority of a ...
Other editions - View all
The General Principles of the Law of Evidence with Their Application to the ... Frank Sumner Rice No preview available - 2015 |
The General Principles of the Law of Evidence with Their Application to the ... Frank Sumner Rice No preview available - 2018 |
Common terms and phrases
admitted adverse party affidavit alleged application authority Bank Bank of United Barb cause of action certified circumstances cited claim clerk Code common law competent Conn contract copy corporation court of equity decision declarations deed defendant dence deposition doctrine entries equity establish estopped estoppel examination execution fact fraud fraudulent garnishee held indorser instrument Iowa issue Jones judge judgment jury justice letters rogatory liable lis pendens Mass matter Minn N. J. Eq negligence notice objection officer Ohio St original parol evidence person plaintiff pleading presumption prima facie principle proceeding proof proved purchaser purpose question reason record replevin res adjudicata rule seal Smith statute Statute of Frauds subpoena sufficient Supreme Court taken Teleg testator testify testimony thereof tion transaction trial United usury Wend witness writing
Popular passages
Page 926 - 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 thereto "2 Dan.
Page 928 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 1357 - Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.
Page 927 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture...
Page 1366 - ... he has made at other times statements inconsistent with his present testimony as provided in section 93-1901-12." Section 93-1901-12, RCM1947. "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Page 927 - No testimony given by a witness before either House, or before any committee of either House of Congress, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony.
Page 1349 - 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.
Page 1363 - The testimony of a witness in this state may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 1253 - In the following cases, every agreement shall be void unless such agreement or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that by its terms is not to be performed within one year from the making thereof; 2.
Page 1358 - That a document or writing more than thirty years old, is genuine, when the same has been since generally acted upon as genuine, by persons having an interest in the question, and its custody has been satisfactorily explained.