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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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Lawyers' Reports Annotated, Book 18

Law reports, digests, etc - 1905
...; and it frequently "happens that the witness, by unintentionally altering a few expressions retlly used, gives an effect to 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 Law of Evidence Applicable to British India

Syed Ameer Ali, Sir John George Woodroffe - Evidence (Law) - 1898 - 1092 pages
..."*i 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."8 So *here a plaintiff sued for a sum said to be due upon a settlement w account, and instead...
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The Southern Reporter, Volume 39

Law reports, digests, etc - 1906
...have misunderstood him. It frequently also 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 actually say. (3) The court charges the Jury that, if the defendant had proved a good character...
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The Encyclopedic Digest of Virginia and West Virginia Reports ..., Volume 12

Thomas Johnson Michie - Law reports, digests, etc - 1907
...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.' Greenl. on Evi., 200." Lost Instruments. — Where a vendee claiming specific execution of a contract...
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The Northwestern Reporter, Volume 110

Law reports, digests, etc - 1907
...not having clearly expressed his own meaning, or In consequence of the witness having misunderstood him. It frequently happens, also, that the witness,...the statement completely at variance with what the person in fact did say. This kind of testimony should be scanned closely. Where the precise words are...
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Brickwood's Sackett on Instructions to Juries: Containing a Treatise on Jury ...

Frederick Sackett - Instructions to juries - 1908
...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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The Pacific Reporter, Volume 104

Law reports, digests, etc - 1910
...misunderstood what was said, and It frequently happens that * * * a witness by unintentionally altering a few expressions really used gives an effect to the statement completely at variance with what the party did say." It is claimed that this instruction comes within the ban of Kauffman v. Maier, 94 Cal. 283,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 46

Montana. Supreme Court - Law reports, digests, etc - 1913
...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 Greenlepf on Evidence, 16th ed., sec. 200.) The weakness of this character of evidence is recognized...
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Commentaries on the Law of Evidence in Civil Cases, Volume 2

Burr W. Jones, Louis Horwitz - Evidence (Law) - 1913
...being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,...completely at variance with what the party actually did say When we reflect upon the inaccuracy of many witnesses in their original comprehension of a conversation,...
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Cases Decided in the Supreme Court of Appeals of Virginia, Volume 118

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1916
...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." In Jesser v. Armentrout, 100 Va. 666, 42 SE 681, it is said : "If a parol trust can be created in lands,...
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