| 1904 - 1108 pages
...but that rule admits of many exceptions. There may be such an Inherent improbability In the statement of a witness as to Induce the court or jury to disregard...states as completely as by direct adverse testimony." This court has announced the same rule. Lee Sing Far v. United States, 94 Fed. 834, 838, 35 CCA 327,... | |
| 1918 - 1214 pages
...recorded rests solely upon the evidence of Bruna and his son, who are Interested parties. [i] A witness may be contradicted by the facts he states as completely as by direct adverse testimony. Bellus v. Peters, 105 Cal. 112, 130 Рас. 1186; Prewctt v. Dyer, 107 Cal. 154, 40 Рас. 105 ; Clark... | |
| 1907 - 1166 pages
...extrinsic, it cannot be disregarded, but must control the decision of the court or jury- But a witness may be contradicted by the facts he states as completely as by direct adverse testimony. A court or jury is not bound to accept it as true merely because there Is no direct testimony contradicting... | |
| United States. Supreme Court - 1891 - 938 pages
...uncontradicted by any one, should control the decision of the court; but that rule admits of many exceptions. There may be such an inherent improbability in the...testimony. He may be contradicted by the facts he states as comOpinion of the Court. pletely as by direct adverse testimony ; and there may be so many omissions... | |
| 1892 - 1284 pages
...extrinsic, it cannot be disregarded, but must control the decision of the court or jury. But a witness may be contradicted by the facts he states as completely as by direct adverse testimony. A court or jury is not bound to accept it as true, merely lira пне there is no •direct testimony... | |
| Virginia. Supreme Court of Appeals - 1893 - 1064 pages
...Quock Ting \. U. , &, 140 US Rep. 417, where Mr. Justice Field, speaking for the court, on p. 420, said : " There may be such an inherent improbability...the absence of any direct conflicting testimony." See, also, Kavanaugh v. Wilson, 70 NY 177, 179; Kochler v. Adler, 78 NY 287; Elwood v. IP'. UT Co.,... | |
| Louisiana. Supreme Court - 1893 - 1326 pages
...recovery." (Syl.) Cutler vs. Collins, 37 An. 96. "There may be such inherent probahility in the statement of a witness as to induce the court or jury to disregard...the absence of any direct conflicting testimony." Quock Ting vs. t'nlted States, 140 US. p. 420. X " Extru -judicial admissions of a dead man are the... | |
| John Greene Henderson - 1904 - 1184 pages
...extrinsic, it cannot be disregarded, but must control the decision of the court or jury. But a witness may be contradicted by the facts he states as completely as by direct adverse testimony. A court or jury is not bound to accept it as true merely because there is no direct testimony contradicting... | |
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