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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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A Treatise on the Law of Circumstantial Evidence: Illustrated by Numerous Cases

Arthur Percival Will - Evidence, Circumstantial - 1896 - 555 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,...
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Selected Cases on Real Property: Selected and Arranged for Use in Connection ...

Christopher Gustavus Tiedeman - Real property - 1897 - 771 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...
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A Treatise on the Law of Evidence, Volume 1

Simon Greenleaf - Evidence (Law) - 1899
...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...
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A Selection of Cases on Evidence at the Common Law

James Bradley Thayer - Evidence (Law) - 1900 - 1263 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...
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Virginia Reports: Jefferson--33 Grattan, 1730-1880

Law reports, digests, etc - 1900
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 5

Idaho. Supreme Court - Law reports, digests, etc - 1903
...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...
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The Pacific Reporter, Volume 77

Law reports, digests, etc - 1904
...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...
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The Pacific Reporter, Volume 77

Law reports, digests, etc - 1904
...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...
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The Northwestern Reporter, Volume 98

Law reports, digests, etc - 1904
...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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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 126

Iowa. Supreme Court - Law reports, digests, etc - 1905
...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 made and precisely identified, the evidence it affords is often of the most...
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