 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
 | India, Tarapada Banerji - 1896 - 738 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... | |
 | Arthur Percival Will - Evidence, Circumstantial - 1896 - 580 pages
...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." Mr. Baron PARKE, in Earle v. Picken, 5 C. & P. 542, n. So where one of two witnesses,... | |
 | Christopher Gustavus Tiedeman - Real property - 1897 - 800 pages
...being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...with what the party actually did say." 1 Greenl. Ev., §§ 45, 97, 200. And those admissions were made when? Certainly, prior to August 15, 1848, the date... | |
 | Simon Greenleaf - Evidence (Law) - 1899 - 1190 pages
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, th'at the witness,...altering a few of the expressions really used, gives an «ffect to the statement completely at variance with what the party actually did say.1 But where the... | |
 | James Bradley Thayer - Evidence (Law) - 1900 - 1296 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 actually say." 1 Greenl. Ev. 233. See also the observations of the Chancellor on this subject in... | |
 | Law reports, digests, etc - 1900 - 666 pages
...being misinformed, or not having clearly expressed h:s own meaning, or the witness having misunderstood him. It frequently happens also that the witness,...altering a few of the expressions really used, gives an e:Tcct to the statement completely at variance with what the party did say." This is the language of... | |
 | Idaho. Supreme Court - Law reports, digests, etc - 1903 - 884 pages
...expressed his meaning, or the witness may have misunderstood him, and it frequently happens that a witness, by unintentionally altering a few of the...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... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...nilsinformed, 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." In this the court did not err. The question as to the propriety of giving any requested instruction... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...having misunderstood him. It frequently happons, also, that the witness, by unintentionally altering n few of the expressions really used, gives an effect...at variance with what the party actually did say." In this the court did not err. The question as to the propriety of giving any requested instruction... | |
 | Law reports, digests, etc - 1904 - 1244 pages
...witness may have misunderstood him; and It frequently happens that the witness, by un-- intentionally altering a few of the expressions really used, gives...the statement completely at variance with what the defendant did say. But it is the province of the jury to weigh such evidence, and give it the consideration... | |
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