 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 Southwestern Reporter - Page 1971903Full view - About this book
 | Law reports, digests, etc - 1886 - 848 pages
...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...statement completely at variance with what the party did actually say:" 1 Greenl. Ev. 233. See also the observations of the chancellor on this subject in... | |
 | Law reports, digests, etc - 1890 - 1134 pages
...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...meaning, or the witness having misunderstood him." Judge Redfield.in his note to the twelfth edition of the work, says as follows: "In a somewhat extended... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1886 - 682 pages
...happens that the witness, by unintentionally altering a few expresUnruh r. The State, ex rel. Baum. sions really used, gives an effect to the statement completely at variance with what the party did say ; ' or that, ' where the admission is deliberately made and precisely identified, the evidence... | |
 | Law reports, digests, etc - 1921 - 1206 pages
...as it in the mere repetition of oral statements, Le subject to much imperfection and mistakes; t tie party himself either being misinformed, or not having clearly expressed his own meaning, о жг the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally... | |
 | Frederick Sackett, Martin L. Newell - Instructions to juries - 1888 - 836 pages
...clearly expressed his meaning, or the witness may have mi understood him; and it frequently happens that the witness, by unintentionally altering a few...of the expressions really used, gives an effect to tho statement completely at variance with what the party did actua"v say. But it is the province of... | |
 | Simon Greenleaf - Evidence (Law) - 1892 - 888 pages
...v. Sherbnrne, 2 Allen P. 832; Reg. ». Appleby, 3 Stark. 33. (Mass.), 35; Hildreth t>. Martin, 3 Id. party himself either being misinformed, or not having...statement completely at variance with what the party actaally did say.1 But where the admission is deliberately made and precisely identified, the evidence... | |
 | Law reports, digests, etc - 1893 - 922 pages
...have misunderstood him ; and it frequently happens that the witness, by unintentionally altering a few expressions really used, gives an effect to the statement completely at variance with what the party tlid actually say. But it is the province of the jury to 'weigh such evidence, and give it the consideration... | |
 | Frank Sumner Rice - Criminal procedure - 1894 - 1062 pages
...much imperfection, or that " it frequently happens that the witness, by unintentionally altering a few expressions really used gives an effect to the statement completely at variance with what the party did say; or that, where ' the admission is deliberately made and precisely identified, the evidence... | |
| |
