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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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Sackett's Instructions and Requests for Instructions in Jury Trials ...

Frederick Sackett, Martin L. Newell - Electronic books - 1888 - 814 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...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2

Seymour Dwight Thompson - Cross-examination - 1889 - 2376 pages
...misinformed, or not having clearly understood his own meaning, or the witness having misunderstood him. It frequently happens also, that the witness...of the expressions really used, gives an effect to a statement completely at variance with what the parties actually did say. But in a case where you...
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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Electronic books - 1892
...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 actaally did say.1 But where the admission is deliberately made and precisely identified, the evidence...
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Lawyers' Reports Annotated, Book 18

Law reports, digests, etc - 1893
...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...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - Civil procedure - 1894 - 979 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...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 56

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1895
...clearly expressed his meaning, or the witness may have misunderstood him; and it frequently happens that the witness by unintentionally altering a few...statement completely at variance with what the party did actually say. But it is the province of the jury to weigh such evidence and give it the consideration...
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A Treatise on the Law of Evidence as Administered in England and ..., Volume 1

John Pitt Taylor - Evidence (Law) - 1895
...used.3 It also sometimes happens, that the witness, by unintentionally altering a few words, will give an effect to the statement completely at variance with what the party actually said.4 But where the admission is deliberately made, and precisely identified, the evidence it affords...
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The Pacific Reporter, Volume 45

Law reports, digests, etc - 1896
...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." In Clement v. Clement, 1 Jones, Eq. 184, where the effort was to establish a resulting trust, after...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 65

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1896
...witness having misunderstood him." " 1t frequently happens that the witness, by unintentionally allowing a few of the expressions really used, gives an effect to the statement entirely at variance with what the party actually did say." 1t is matter of common experience we are...
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The Indian Evidence Act, No. I of 1872: As Amended by Act No. XVIII of 1872 ...

India, Tarapada Banerji - 1896 - 693 pages
...happens that the witness by unintentionally altering a few words, or omitting a few words, will give an effect to the statement completely at variance with what the party actually said. It is a very dangerous thing to rest a judgment upon verbal admission only, without very clear...
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