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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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Illustrative Cases on Evidence

Archibald Hall Throckmorton - Evidence (Law) - 1924 - 594 pages
...misinformed, or not having clearly expressed his own riiieanjng, or the witness having misunderstood him. It frequently happens, also, that the witness,...unintentionally altering a few of the expressions really usedjjjives an effect to. tbjS.S.tat£ment completely at variance with what the party actually did...
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Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., Volume 2

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1909 - 984 pages
...clearly expressed his own meaning, or the witness having misunderstood him. Ifc frequently happensi also, that the witness, by unintentionally altering...at variance with what the party actually did say." The significance of these observations is accentuated in this instance by the circumstance that more...
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The New York Supplement, Volume 213

Law reports, digests, etc - 1926 - 1018 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." [4, 5] While it is true that the uncontradicted, positive testimony of disinterested...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 78

California. District Courts of Appeal - Law reports, digests, etc - 1928 - 972 pages
...clearly expressed his own meaning, or the witness having misunderstood him. It also frequently happens that the witness by unintentionally altering a few...at variance with what the party actually did say." [8] ID. — ROBBERY — GRAND LARCENY — INSTRUCTIONS. — While larceny is essentially one of the...
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Atlantic Reporter, Volume 8

Law reports, digests, etc - 1887 - 1030 pages
...misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few oí the expressions really used, gives an effect to the...at variance with what the party actually did say.' "The learned counsel for the plaintiffs argue that the first will of Israel H. Walter, made in 1868,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 171

Illinois. Supreme Court - Law reports, digests, etc - 1898 - 728 pages
...It frequently happens that the witness, by unintentionally altering a few of the expressions orally used, gives an effect to the statement completely at variance with what the party actually did say," — citing numerous authorities. "But where the admission is deliberately made and precisely identified,...
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Southern Reporter, Volume 19

Law reports, digests, etc - 1896 - 1088 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. § 200; Garrett v. Garrett, 29 Ala. 439; Wittick v. Keiffer, 31 Ala. 199. The facility with which such...
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The Trial of Lizzie Andrew Borden

Stefani Koorey - Trials (Murder) - 2005 - 557 pages
...not having clearly expressed his own meaning, or the witness having misunderstood him. It Page 1910 frequently happens also, that the witness, by unintentionally...at variance with what the party actually did say. But where the admission is deliberately made and precisely identified, the evidence it affords is often...
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The Trial of Lizzie Andrew Borden

Stefani Koorey - Trials (Murder) - 2005 - 557 pages
...not having clearly expressed his own meaning, or the witness having misunderstood him. It Page 1910 frequently happens also, that the witness, by unintentionally...at variance with what the party actually did say. But where the admission is deliberately made and precisely identified, the evidence it affords is often...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 52

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1892 - 902 pages
...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 s.ay." Greenl. on Evi. § 200. The remarks of Judge Fleming on the evidence in the case of Henderson \. Hudson,...
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