 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
 | 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 - 1875 - 674 pages
...witness having misunderstood him. It frequently happens, also, that the witness by Hill v. Newman. unintentionally altering a few of the expressions really used, gives an effect to a statement completely at variance with what the party actually did say." The above instruction, with... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1907 - 548 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...at variance with what the party actually did say. But where the admission is deliberately made and precisely identified, the evidence it affords is often... | |
 | New York (State). Legislature. Assembly - New York (State) - 1877 - 932 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...at variance with what the party actually did say." Gentlemen, those remarks, as applied to the evidence, or in evidence which lias the repetition of what... | |
 | Sir William Oldnall Russell - Criminal law - 1877 - 900 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.' Earle «. Picken, 6 С. & P. 542, note, Bex v. Simons, C. 4 P. 540. alone to warrant... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 1044 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens also that the witness,...statement completely at variance with what the party did say." This is the language of a very accurate and learned author. 1 Greenleaf, sec. 200. And he... | |
 | William J. Henry, William Logan Harris - Ecclesiastical law - 1879 - 534 pages
...what the party 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 actually did say. Upon this distinction the adjudged cases seem chiefly to turn. Thus, where in an action by the assignees... | |
 | Wyoming. Supreme Court - Law reports, digests, etc - 1922 - 604 pages
...not having clearly expressed his own meaning, or in consequence of the witness having misunderstood him. It frequently happens also that the witness,...unintentionally altering a few of the expressions actually used, gives an effect to the statement completely at variance with what the party did in fact... | |
 | Law - 1895 - 252 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...statement completely at variance with what the party really did say." i Gr. Ev., § 200. i These observations are pertinent to the evidence of the admissions... | |
 | 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 - 1882 - 686 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... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1884 - 1116 pages
...misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. lt frequently happens also that the witness, by unintentionally...with what the party actually did say." 1 Greenl. Ev., Sec. 200. The statement which Hays says was made to him by H. D. Ballard was made for the purpose,... | |
| |
