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" The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood... "
The South Western Reporter - Page 199
1903
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 67

New Jersey. Court of Chancery - Law reports, digests, etc - 1905
...received with great caution. It frequently happens that the witness, by unintentionally altering a few expressions really used, gives an effect to the statement...variance with what .the party actually did say. 1 Greenl. Evid. 200. Words which are used in a sense expressing grateful appreciation of kindness received,...
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On the Admissibility of Confessions and Challenge of Jurors in Criminal ...

Henry Holmes Joy - Confession (Law) - 1842 - 248 pages
...Leach., case, 236, resumed from the Surry Assizes, 1791, for the opinion of the twelve judges. used, he gives an effect to the statement, completely at variance with what the party really did say (a). In Crossfield's trial for high treason (i), Mr. Adam, speaking of the evidence...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 8

Ireland. Court of King's Bench - Law reports, digests, etc - 1846
...party has said, but that, by " unintentionally altering a few of the expressions really used, he " gives an effect to the statement completely at variance with what " the party really did say." Brewer v. Palmer is directly in point to the present case, and I refer to it as having...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 84

Alabama. Supreme Court - Law reports, digests, etc - 1888
...expressed his own meaning, or the witness having misunderstood him. It frequently happens, also," he adds, "that the witness, by unintentionally altering a few...variance with what the party actually did say." — 1 Greeul. Ev. (14th Ed.) 200. This principle has received the indorsement of this I Moses v. Scott...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - Evidence (Law) - 1848 - 1386 pages
...misinformed, or he may not have clearly expressed his meaning, or the witness may have misunderstood him. It frequently happens, also, that the witness,...completely at variance with what the party actually said (m). But where the admission is (e) Skaife . Jackson, 3 B. & C. 421 ; Farrar c. Hutchinson,...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848
...having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering ;i few of the expressions really used, gives an effect...statement, completely at variance with what the party did actually say." To the same effect, a1 50, Mr. Justice Sutherland, in Malin v. Malin, 1 Wend. 652,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - Equity - 1849
...being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...statement completely at variance with what the party did actually say." 1 Green. Ec. 233. In Law vs. Merrills, 6 Wend. 277, Chancellor Walworth observes...
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Report of the Great Conspiracy Case: The People of the State of Michigan ...

Abel F. Fitch - Counterfeiters - 1851 - 865 pages
...being misinformed, or not havini clearly expressed his own meaning or the witness having understood him. It frequently happens also that the witness,...unintentionally altering a few of the expressions realy used gives a completely different statement of what the party did say. The zeal too which <n...
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Argument of William H. Seward

T. C. Leland - 1851
...being misinformed, or not having clearly expressed his own meaning or the witness having misunderstood him. It frequently happens also that the witness^...unintentionally altering a few of the expressions realy used gives a completely different statement of what the party did say. The zeal too which so...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 81

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1890
...clearly expressed his own meaning, or the witness having misunderstood it. The jury may also consider that the witness, by unintentionally altering a few...the statement completely at variance with what the respondent actually did say. I charge you further, gentlemen, that if the admissions and declarations...
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