Cases on the Law of EvidenceCallaghan, 1921 - 922 pages |
Other editions - View all
Cases on the Law of Evidence: Selected and Arranged (Classic Reprint) Thomas Welburn Hughes No preview available - 2017 |
Common terms and phrases
action admissible in evidence admitted agent agreement alleged alteration answer appear appellant appellee applied assumpsit attorney authority bill cause character charge circumstances cited claimed common law competent complaint concur contents counsel cross-examination damages death deceased deed defendant defendant's dence dying declarations entries examination exceptions excluded executed fact favor fendant fraud given Greenl ground hearsay held husband impeach inadmissible incompetent indictment injury instruction instrument issue judge Judgment affirmed judicial notice Jule Jordan jury justice knowledge land larations marriage Mass matter ment objection offered oral overruled parol evidence party permitted person plaintiff in error presumption promissory note proof prove purpose question Railroad reason received record recover res gestae reversed rule shown statement statute Stoneham Branch Railroad suit sustained tending to show testator testified testimony tiff tion transaction trial court verdict wife witness writing written contract
Popular passages
Page 792 - ... the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.
Page 737 - The distinction in point of law is that evidence to vary the terms of an agreement in writing is not admissible, but evidence to show that there is not an agreement at all is admissible.
Page 219 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Page 759 - The case was tried to a jury and resulted in a verdict and judgment for plaintiff. The district court reversed the judgment for error in rejecting certain evidence offered by defendant.
Page 880 - ... the Judgment of the Court of Appeals of Maryland be reversed, and the case remanded to that court for further proceedings not inconsistent with this opinion.
Page 621 - On the trial and at the close of the evidence the trial court instructed the jury to return a verdict in favor of the...
Page 687 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 687 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 878 - States, differ from judgments recovered in a foreign country in no other respect than in not being reexaminable on their merits, nor impeachable for fraud in obtaining them, if rendered by a court having jurisdiction of the cause and of the parties.
Page 60 - No practicing attorney, counselor, physician, surgeon, minister of the gospel, or priest of any denomination, shall be allowed in giving testimony to disclose any confidential communication properly entrusted to him in his professional capacity, and necessary and proper to enable him to discharge the functions of his office, according to the usual course of practice or discipline. Such prohibition shall not apply to cases where the party in whose favor the same are made, waives the rights conferred.