 ... that such evidence tends to draw away the minds of the jurors from the point in issue, and to excite prejudice and mislead them ; and, moreover, the adverse party having had no notice of such a course of evidence is not prepared to rebut it.  The South Western Reporter - Page 811903Full view - About this book
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1873 - 630 pages
...draw away the minds of the jurors from the point in issue, and to excite prejudice, and mislead them ; and moreover, the adverse party having had no notice...a course of evidence is not prepared to rebut it." These principles are maintained by other standard text-writers, and seem to be sustained by undoubted... | |
 | Nicholas St. John Green - Criminal law - 1879 - 838 pages
...draw away the minds of the jurors from the point in issue, and to excite prejudice, and mislead them ; and, moreover, the adverse party having had no notice...a course of evidence is not prepared to rebut it." These principles an; maintained by other standard text writers, and seem to be sustained by undoubted... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...prejudice, aud mislead them ; and, moreover, the adverse party, having had no Darling v. Westmoreland. notice of such a course of evidence, is not prepared to rebut it. * * * This rule is adhered to, even in the cross-examination of witnesses, — the party not being... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 1036 pages
...draw away the minds of the jurors from the point in issue, and to excite prejudice and mislead them ; and moreover, the adverse party, having had no notice...course of evidence, is not prepared to rebut it." 2. In the second of said bills it is stated that on the trial of the cause, after the plaintiff had... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1880 - 886 pages
...point in issue, and to excite, prejudice and mislead them; and moreover, the adverse party, havinu no notice of such a course of evidence, is not prepared to rebut it." 1 Greenl. Ev., § 52. " It maybe added, that the evidence not being to a material point, the witness... | |
 | John Davison Lawson - Actions and defenses - 1885 - 988 pages
...draw away the minds of the jurors from the point in issue, and to excite prejudice and mislead them ; and, moreover, the adverse party having had no notice...a course of evidence is not prepared to rebut it." These principles are maintained by other standard textwriters and seem to be sustained by undoubted... | |
 | Law reports, digests, etc - 1886 - 944 pages
...point in issue, and to excite prejudice and mislead them; and, moreover, the adverse party, having no notice of such a course of evidence, is not prepared to rebut it." 1 Greenl. Ev. § 52. As was said by this court in Parker v. Portland Publishing Co., 69 Me. 175, the... | |
 | Law reports, digests, etc - 1911 - 1172 pages
...the point in issue and to excite prejudice and mislead them ; and moreover the adverse party having no notice of such a course of evidence, is not prepared to rebut It. Greenleaf on Ev. §§ 51, 51 (a), and 52. Collateral facts, or those which are Incapable of affording... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1888 - 784 pages
...draw, away the minds of the jurors from the point in issue, and so excite prejudice and mislead them ; and, moreover, the adverse party having had no notice...course of evidence, is not prepared to rebut it." 1 Greenl. on Evid., sec. 52. In determining what presumptions are too remote to admit of any reasonable... | |
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