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 ... |
From inside the book
Results 1-5 of 84
Page 653
... appear that such answers would not be admissible in evidence against him should he be subsequently tried on a criminal charge . Reg . v . Coote , L. R. 4 P. C. 599 , 42 L. J. P. C. 45 ; 1 Roscoe , Crim . Ev . 231 . A female witness ...
... appear that such answers would not be admissible in evidence against him should he be subsequently tried on a criminal charge . Reg . v . Coote , L. R. 4 P. C. 599 , 42 L. J. P. C. 45 ; 1 Roscoe , Crim . Ev . 231 . A female witness ...
Page 657
... appearing on the record as such , is entitled to be present throughout the trial . Bower , 55 Cal . 46 . Chester v . The decided cases upon this topic disclose a lack of uniformity . This much appears to be settled , that the power to ...
... appearing on the record as such , is entitled to be present throughout the trial . Bower , 55 Cal . 46 . Chester v . The decided cases upon this topic disclose a lack of uniformity . This much appears to be settled , that the power to ...
Page 690
... appear and examine and cross - examine on taking depositions , party at whose instance it was taken cannot object , on account of any informality or irregularity in its taking , to its being read by the opposite party . Andrews v ...
... appear and examine and cross - examine on taking depositions , party at whose instance it was taken cannot object , on account of any informality or irregularity in its taking , to its being read by the opposite party . Andrews v ...
Page 693
... appear that the opposite party attended and cross - exam- ined , which will cure the defect . Robertson v . Campbell , 1 Overt . 172 . The fact that depositions offered in evidence may contain in- competent and illegal evidence , will ...
... appear that the opposite party attended and cross - exam- ined , which will cure the defect . Robertson v . Campbell , 1 Overt . 172 . The fact that depositions offered in evidence may contain in- competent and illegal evidence , will ...
Page 695
... appear that the witnesses were sworn , and that the depositions are not properly certified , and that one is not ... appears that on the same day the counsel for the opposing party appeared and by consent of all the deposition was opened ...
... appear that the witnesses were sworn , and that the depositions are not properly certified , and that one is not ... appears that on the same day the counsel for the opposing party appeared and by consent of all the deposition was opened ...
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.