A Treatise on the Law of Evidence: Fifth American, from the Seventh and Eighth London Editions, Volume 3Gould, Banks, 1843 - Evidence (Law) |
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Page 786
... testimony ; or to charge upon a question of law , where his attention is distinctly called to it . ( Coleman v . Allen , 3 J. J. Marsh . 229. Graham v . Camman , 2 Cain . Rep . 168. Van Gordon v . Jackson , 5 John . Rep . 467. Jackson v ...
... testimony ; or to charge upon a question of law , where his attention is distinctly called to it . ( Coleman v . Allen , 3 J. J. Marsh . 229. Graham v . Camman , 2 Cain . Rep . 168. Van Gordon v . Jackson , 5 John . Rep . 467. Jackson v ...
Page 790
... testimony was in- competent , the court were right in refusing the motion , unless the whole were so . ( El- liot v . Piersol's lessee , 1 Peter's 328. ) So where the objection was general , that the plaintiff was not entitled to ...
... testimony was in- competent , the court were right in refusing the motion , unless the whole were so . ( El- liot v . Piersol's lessee , 1 Peter's 328. ) So where the objection was general , that the plaintiff was not entitled to ...
Page 792
... testimony offered and rejected was not hearsay , part being unquestiona- bly so , the appellate court made a comparison of the several parts of the testimony , and adjudged the whole hearsay , and therefore incompetent . ( Williamson v ...
... testimony offered and rejected was not hearsay , part being unquestiona- bly so , the appellate court made a comparison of the several parts of the testimony , and adjudged the whole hearsay , and therefore incompetent . ( Williamson v ...
Page 793
... testimony admitted might have been relevant , it shall be presumed that such state of facts existed ; ( Swift's Ev . 168 ; ) and care should therefore be taken in framing the bill , to exclude such presumption . The bill , too , ought ...
... testimony admitted might have been relevant , it shall be presumed that such state of facts existed ; ( Swift's Ev . 168 ; ) and care should therefore be taken in framing the bill , to exclude such presumption . The bill , too , ought ...
Page 796
... testimony , or the pre- sumptions arising from the evidence . The true and proper object of such a demurrer is to refer to the court the law arising from the facts . It supposes , therefore , the facts to be already admitted and ...
... testimony , or the pre- sumptions arising from the evidence . The true and proper object of such a demurrer is to refer to the court the law arising from the facts . It supposes , therefore , the facts to be already admitted and ...
Common terms and phrases
12 Wend action adm'r admissible admitted aliunde ante appear assumpsit attestation authenticated authority award Bank bill Binn Blackf C. C. Rep CALIFORN Carr certificate chancery circumstances cited clerk common law competent conclusive Conn copy court of chancery court of equity Cowen's Rep Cranch declared decree deed defendant delivering the opinion doctrine estoppel ex dem ex'rs execution facie fact former Greenl ground Hamp hand-writing Harr held inadmissible indictment instrument intended issue Jackson John judge judgment jurisdiction jury justice land lessee Litt Lord Ellenborough Mass Massachusetts matter Monroe New-York officer paper parol evidence party patent ambiguity Payne Pennsylvania person Pick plaintiff plea pleaded presumption prima facie probate proceedings proof proved question Rawle record respect rule seal secondary evidence Serg sheriff Smith South Carolina statute subscribing witness suit supra testator testimony tiel tion trial verdict Verm void Yerg