 | California. Supreme Court - Law reports, digests, etc - 1906 - 768 pages
...the objections should have been sustained. The first rule governing in tlie production of evidence is, that the evidence offered must correspond with the allegations and be confined to the point in issiie. Under this rule it is not competent for the prosecution to give evidence of facts tending to... | |
 | Edward Wilcox Hinton - Pleading - 1906 - 878 pages
...issue, and therefore that the evidence touching it was irrelevant. It is doubtless true that evidence must correspond with the allegations, and be confined to the point in issue, and if in the examination of witnesses facts come out which, had they been alleged, would furnish ground... | |
 | William Taylor Hughes - Law - 1908 - 392 pages
...must correspond. It is cited in Greenleaf's Evidence, wherein the rule is stated thus: The evidence must correspond with the allegations and be confined to the point in issue.192 Frustra probatur quod probatum non relevat (It is vain and useless to prove what is not alleged)... | |
 | John Bell Simmons - Law reports, digests, etc - 1909 - 1420 pages
...cross-examine the witness upon such trial. Charlesworth v. Tinker, 18 W. 633. 2127. Evidence, to be admissible, must correspond with the allegations, and be confined to the point in issue. That which in no way tends to prove the cause of action set forth in a complaint, Is not admissible... | |
 | Kansas - 1909 - 844 pages
...the charges should be made under separate and distinct counts, and the general rule that the evidence must correspond with the allegations and be confined to the point in issue is applicable alike in civil and criminal cases.— State v. Stevens, 56 Kan. 720, 44 P. 992. FOR CASES... | |
 | Law reports, digests, etc - 1909 - 1164 pages
...Dig. § 1224; Dec. Dig. §• 383.*] 2. EVIDENCE (§ 99*)— IRRELEVANCY— APPLICABILITY то ISSUES. Evidence offered must correspond with the allegations, and be confined to the points in issue, and, except in rare instances, all evidence of collateral facts, or those which are... | |
 | William Weeks Morrill - Electrical engineering - 1910 - 1372 pages
...they had been in the other months with which the comparison was to be made. It is a settled rule " that the evidence offered must correspond with the...allegations, and be confined to the point in issue," and that under it " all evidence of collateral facts, or those which are incapable of affording any... | |
 | New Mexico. Supreme Court, James Derden - Law reports, digests, etc - 1910 - 528 pages
...command to carry them into execution. — Ter. v. Thomason, IV-154-60; 13 Pac. 223. 53. The evidence must correspond with the allegations and be confined to the point in issue. — Murray v. Sll. City D. & P. Ry. Co., III580; 9 Pac. 369. 54. An attorney is a competent witness... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - Lawyers - 1911 - 632 pages
...familiar rule of evidence that the party must recover sccundum pllcgata et probata,2 and that the evidence must correspond with the allegations, and be confined to the point in issue. The courts have, in express and decisive terms, declared that a cause must proceed upon a definite... | |
 | Byrin K. Elliott - 1911 - 668 pages
...familiar rule of evidence that the party must recover secundum flllegata et probata? and that the evidence must correspond with the allegations, and be confined to the point in issue. The courts have, in express and decisive terms, declared that a cause must proceed upon a definite... | |
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... the evidence offered must correspond with the allegations and be confined to the point in issue. 
