 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 1991903Full view - About this book
 | John Bruce Norton - Evidence (Law) - 1865 - 666 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. 15ut where the admission is deliberately made, and precisely identified, the evidence it affords... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...completely at variance with what the party actually did say.1 But where the admission is deliberately made and precisely identified, the evidence it affords... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...what the 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."2 And when the admission is full and positive, it perhaps quite as often happens that... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1874 - 812 pages
...himself misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens also, that the witness...completely at variance with what the party actually did sa}-. But when the admission is deliberately made and precisely identified, the evidence it affords... | |
 | John Bruce Norton - Evidence (Law) - 1869 - 646 pages
...misinformed, or lie 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. But where the admission is deliberately made, and precisely identified, the evidence it affords... | |
 | Edmund Powell - Evidence - 1869 - 786 pages
...party has said, but that by unintentionally altering a few of the expressions really used, he givet an effect to the statement completely at variance with what the party really did say"(w). A confession before magistrates must be proved at trial by the depositions, unless... | |
 | Joseph Goodeve - Evidence (Law) - 1871 - 914 pages
...having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens that the witness, by unintentionally altering a few...at variance with what the party actually did say. But where the admission is deliberately made, and precisely identified, the evidence it affords is... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1874 - 980 pages
...having misunderstood him. It frequently happens also that the witness, by unintentionally uttering a few expressions really used, gives an effect to the statement...at variance with what the party actually did say." ยง 200. Besides, it is a rule of evidence that the whole admission is to be taken together. Here the... | |
 | Thomas McIntyre Cooley - Constitutional law - 1874 - 904 pages
...what the 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." 2 And when the admission is full and positive, it perhaps quite as often happens that... | |
 | Benjamin Franklin Tracy - 1875 - 96 pages
...party has said, but that, by unintentionj ally altering a few of the expressions really used. j he gives an effect to the statement completely at variance with what the party really did say." The next citation is from Meyers v. Baker, where the Court states the rule thus :... | |
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