 ... 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
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - Law reports, digests, etc - 1913 - 752 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... | |
 | Reed Metzler - Evidence (Law) - 1920 - 832 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. CHARACTER In civil cases where character is not a part of the issue, the general rule is that character... | |
 | Law - 1890 - 572 pages
...draw away the minds of the Jurors from the point In Issne, 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. 1 Greenl. Ev. 5 52. The evidence objected to did not in any manner relate to the killing of Emil Weber... | |
 | Law - 1879 - 542 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' 1 Greenl. Ev., § 52. " It may be added, that the evidence not being to a material point, the... | |
 | Insurance law - 1878 - 966 pages
...admission. Greenleaf states the rule thus, and we think it sound and applicable. adverse party, bating had no notice of such a course of evidence, is not prepared to rebut it." 1 Greenleaf, sec. 52. B. Objection was made, nnd exceptions taken to the opiuions of witnesses, of... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1908 - 952 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." In Cyc. p. 405, it is said: "The general rule is that on a prosecution for a particular crime, evidence... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1890 - 802 pages
...Court. away the minds of the jurors from the point in issue, and to excite prejudice, aud mislead them; and, moreover, the adverse party having had no notice...course of evidence, is not prepared to rebut it." In Button v. Johnson, 62 111. 209, which was a civil suit, for an assault and battery, and assault... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1879 - 690 pages
...draw away the minds of the jurors from the point in icsue, 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." 1 Greenleaf, § 52. 6. Objection was made and exceptions taken to the opinion of witnesses, of which... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1912 - 840 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." We discussed and applied this rule in the recent cases of Council v. Railroad, 123 Mo. App. lc 442,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1896 - 776 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." 1 Greenl. Ev. § 52 ; Blakeslee v. Jiossman, 44 Wis. 554 ; Felt v. Amidon, 43 Wis. 467; Grisim v. Milwaukee... | |
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