The whole goes upon that; declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle that they are the natural effusions of a party who must know the... A Treatise on the Law of Evidence - Page 171by Samuel March Phillipps - 1815 - 520 pagesFull view - About this book
| Law reports, digests, etc - 1904 - 1276 pages
...natural effusions of a party who must know the truth, and who speaks upon an occasion when his m!nd stands In an even position, without any temptation to exceed or fall short of the truth." Whltlock v. Baker, 13 Ves. 514, 11 Eng. Rui. Cas. 309. In the case before us the declarations were... | |
| Law reports, digests, etc - 1861 - 1068 pages
...effusions of the mind of the party making them, and must have been made on an occasion when his mind stood in an even position, without any temptation to exceed or fall short of the truth." That is the principle; and the simple question is, what is the state of facts that must be established... | |
| 1924 - 1654 pages
...Reprint, 385, 9 Revised Rep. 216, the court said that descriptions in Bibles, registry books, etc., were admitted upon the principle that they are the natural...any temptation to exceed or fall short of the truth. In Bryant v. McKinney (1906) 29 Ky. L. Rep. 951, 96 SW 809, the court said it was firmly established... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 796 pages
...descript ions in wills, descriptions upon monuments, descriptions in Bibles and registry books, all are admitted upon the principle that they are the natural...temptation to exceed or fall short of the truth." The case of Doe on demise of Johnson v. The Earl of Pembroke, 11 East, 504, carries the doctrine, apparently,... | |
| Mark K. Moller - Law - 2004 - 536 pages
...made "for the express purpose of being given in evidence" and "the natural effusions of a party ... who speaks upon an occasion, when his mind stands...temptation to exceed or fall short of the truth." Phillipps, supra note 23, at 175, quoting in part Eldon, LC, in Whitlocke v. Baker, 13 Ves. Jr. 510,... | |
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