 Where books are thus offered, they are in effect used as evidence, and the substantial objection is, that they are statements wanting the sanction of an oath; and the statement thus proposed, is made by one not present, and not liable to cross-examination.  Medical Era - Page 3171892Full view - About this book
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 722 pages
...the law to this effect well settled, both upon principle and authority. Where books are thus offered, they are in effect used as evidence, and the substantial...would be tested by a comparison with the opinions of Ashworth v. Eittridge. others. Medical authors, like writers in other departments of science, have... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1882 - 904 pages
...great judge, in A.shieorth v. Kittridye, 12 Cush. 193. He there said: " Where hooka are thus offered, they are in effect used as evidence, and the substantial...liable to cross-examination. If the same author were cros^-examined, and called to state the grounds of his opinion, he might himself alter or modify it,... | |
 | Electronic journals - 1882 - 958 pages
...law to this effect to be well settled both upon principle and authority. When books are thus offered they are, in effect, used as evidence, and the substantial...not present and not liable to cross-examination. If this same author were crossexamined and asked to state the grounds of his opinion he might himself... | |
 | Law - 1883 - 908 pages
...the law to this cfl'eet well settled, both upon principle and authority. Where books are thus offered they are in effect used as evidence, and the substantial...cross-examined, and called to state the grounds of his opinion, lie might himself alter or modify it, and it would Ite tested by a comparison with the opinions of... | |
 | Robert Vashon Rogers - Dentistry - 1884 - 240 pages
...testimony under oath of persons skilled in such matters." Again, " where books are thus offered (ie, to be read in argument), they are, in effect, used...crossexamination. If the same author were cross-examined, and (z) Marshall v. Brown, 15 NW Rep. 55. (a) Brown v. Sheppard, 13 UCR 178. called to state the grounds... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1884 - 1000 pages
...to this effect to be well settled, both upon principle and authority. When books are thus offered, they are, in effect, used as evidence, and the substantial...not present and not liable to cross-examination. If this same author were cross-examined and asked to state the grounds of his opinion, he might himself... | |
 | Austin Abbott - Civil procedure - 1885 - 218 pages
...exceptional, and turning on surprise in excluding what had been before permitted).] The reaso7i is, "they are statements wanting the sanction of an oath...one not present and not liable to cross-examination " (SlTAW, Ch. J.). Ashworth vs. Kittridge, 06 Mass. (12, Cush.), 193. Almanac admissible to show time... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1891 - 1354 pages
...JUSTICE SHAW, in Ashworth v. Kittridge, 12 Cush. (Mass.) 193, as follows: "Where books are thus offered they are in effect used as evidence, and the substantial...called to state the grounds of his opinion, he might alter or modify it, and it would be tested by a comparison with the opinions of others. Medical authors,... | |
 | California. Supreme Court - Law reports, digests, etc - 1887 - 768 pages
...to this effect to be well settled, both upon principle and authority. When books are thus offered, they are, in effect, used as evidence, and the substantial...not present and not liable to cross-examination. If this same author were crossexamined and asked to state the grounds of his opinion, he might himself... | |
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