Commentaries on the Law of Evidence in Civil Cases, Volume 4Bancroft-Whitney, 1914 |
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Common terms and phrases
action admissible adverse party affidavit answer appear application attorney authority Bank bill of discovery cause certificate client Code Civ commission commissioner common law Commonwealth communications competent witness Conn counsel court court of equity courts of chancery Cranch C. C. cross-examination defendant deposition taken disclose equity evidence examination facts Greenl held husband and wife incompetent interrogatories Iowa issue judge jurisdiction jurors jury justice letters rogatory marriage Mass matter Minn mode N. Y. Supp ness notice oath objection officer pending perjury person physician plaintiff privilege proceeding question reason Reprint rule Smith South Stats statute statutory subpoena subpoena duces tecum suit suppress supra sworn take depositions taking the deposition Tenn testi testify testimony tion trial U. S. Comp U. S. Rev United waived waiver
Popular passages
Page 16 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 650 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
Page 540 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 686 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 315 - And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.
Page 620 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Page 678 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Page 770 - ... against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.
Page 542 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Page 262 - The right of a plaintiff in equity to the benefit of the defendant's oath is limited to a discovery of such material facts as relate to the 'plaintiff's case,' and does not extend to a discovery of the manner in which the ' defendant's case is to be exclusively established, or to evidence which relates exclusively to his case.