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" 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 199
1903
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 89

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 - 1884
...expressed his meaning. The witness may have misunderstood him. It frequently happens, also, that a witness, by unintentionally altering a few of the...at variance with what the party actually did say. Therefore, you should look to the probability of the statement attributed to the party having been...
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The Pacific Reporter, Volume 200

Law reports, digests, etc - 1921
...not having clearly expressed his own meaning, or in consequence of the witness having misunderstood him. It frequently happens also that the witness, by unintentionally altering a few of tue expressions actually used, gives an effect to the statement completely at variance with what the...
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The Northeastern Reporter, Volume 4

Law reports, digests, etc - 1886
...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 sav. or that, when the omission is deliberately made and precisely identified, the evidence is...
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Powell's Principles and Practice of the Law of Evidence

Edmund Powell, John Cutler, Edmund Fuller Griffin - Evidence (Law) - 1885 - 732 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 (#). A confession made before magistrates must be proved at the trial by the depositions,...
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Atlantic Reporter, Volume 8

Law reports, digests, etc - 1887
...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.' "The learned counsel for the plaintiffs argue that the flrst will of Israel H. Walter, made in 1868,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 42

Law reports, digests, etc - 1886
...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 actually say:" 1 Greenl. Ev. 233. See also the observations of the chancellor on this subject in...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 105

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1886
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 15

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1886
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens also that the witness, by unintentionally altering a few expressions really used, gives an effect to the statement completely at variance with what the party...
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The Southern Reporter, Volume 19

Law reports, digests, etc - 1896
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...variance with what the party actually did say." 1 Grcenl. Ev. 200; Garrett v. Garrett, 29 Ala, 43; Wittick v. Keiffer, 31 Ala. 199. The facility...
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The Southwestern Reporter, Volume 231

Law reports, digests, etc - 1921
...misinformed, or not having clearly expressed his own meaning, о жг the witness having misunderstood him. It frequently happens, also, that the witness,...the statement completely at variance with what the %< urty actually did say." I will now cite and quote from illustrative cruses, noting by the use of...
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