The Law of Evidence in Civil Cases, Volume 1

Front Cover
Bancroft-Whitney, 1896 - 2198 pages
 

Contents

Writings used for comparison must be shown to be genuine
78
statute
88
Actions against common carriersTelegraph com
96
CHAPTER III
108
terests in land
111
SameThe privilege that of the client Not confined
128
Mere lapse of time less than twenty years not enough
135
Facts apparently collateral may become relevant
141
Same Knowledge Intent
142
SameProof of other crimes than the one in issue
143
Same How limited
144
Collateral facts to show good faith Knowledge
145
Facts apparently collateral to repel the inference of accident
146
Character When relevant
147
Qualifications of the ruleLibel and slander
148
823
160
co cosco co co coscoscascos
168
More liberal rule as to relevancy on crossexamination
173
827
207
Existence of governments
215
coscoscoscoscoscoscoscoscoscoscos
251
Relevancy
282
Proof of good character 157 Proof of financial standing Exemplary damages 158 SameCompensatory damages 159 SameFinancial standing of plain...
283
cascascascaD
295
coscoscosconcocos300
300
302 Hearsay may include things stated under oath
302
308 Same Relaxation of the rule in the United States
308
cosco co co
323
Mode of proving former testimony Refreshing mem
346
IN WRITINGS
348
Evidence made relevant by that of the adverse party
349
SameRebuttal or explanation of irrelevant testimony
351
General rules as to relevancy
353
Province of judge and jury
358
Opinions in general inadmissible
361
SameMixed questions of law and factConstruction of writings Statutes
363
conco co co cos com concos 364 SameSpeed of railroad trains
364
Same Values
365
Same Sanity
366
SameAs to sanity in will cases
367
SameIn generalConclusion
368
The court decides questions of lawCriminal cases
369
CHAPTER VI
370
Same A preliminary question for the court
371
Mode of examination Hypothetical questions
372
Hypothetical questions to be based upon proof
373
The expert not to decide questions of fact
374
375 Same continued
375
Opinions based upon testimony heard or read by the expert
376
Opinions based on personal knowledge
377
Opinions based on hearsay Conclusions of law
378
tions
379
How affected by form of issueWhether affirmative or negative
380
SameTestimony of physicians and others as to poi
381
sons
382
Expert testimony as to railroads and their manage ment
383
Burden as to particular facts lying peculiarly within knowledge of a party
384
Experts in insurance matters
385
387 Opinions of nautical
387
IDENCE
388
389 Expert testimony as to values
389
Opinions as to amount of damages
390
Crossexamination of experts Latitude allowed
391
Infirmity of expert testimony
392
Same continued
393
Expert testimony When valuable
394
Real evidence
395
In general
396
Inspection other than by the court or jury
397
Inspection of person in personal injury cases
398
Same continued
399
Inspection by the jury Personal injury cases
400
Inspection of articles by jury
401
Inspection of person in criminal cases
402
Inspection of articles in criminal cases
403
Inspection as proof of resemblance RaceAge
404
Effect of nonproduction of real evidence
405
Experiments and tests in the presence of the jury
406
ViewThe former practice
407
Statutes regulating view
408
View discretionary
409
When view may be granted
410
Is the view evidence in the case
411
Same continued
412
Experiments out of court
413
The trust to be proved by writing
422
Exception as to resulting trusts
423
Same continued
424
SameMode of proving the trust Amount of evidence
425
Statutes limiting resulting trusts
426
Same Object of the statute
427
Proof of trusts between those holding fiduciary relations
428
WillsProcuring devise by frauds
429
Proof of guaranty 431 Sale of goods
430
What the memorandum is to contain
432
Same continued
433
Subsequent modification by parolFraud Mistake
434
ReformationPart performance
435
Same Original agreement must be proved
436
CHAPTER VII
438
The rule does not prevent proof of fraud Sealed and unsealed instruments
440
Illegality of contract may be shown Incapacity
441
As to mistakes of factsReformation of contracts
442
Mistakes as to dates
443
Proof of independent or collateral contracts
444
ကာထာ
445
ities
480
Bill of discovery
482
Same continued
486
Importance of documents as affecting diligence
488
concoscoscoscos concoscoscop
490
Effect of notice to produce
495
Documentary evidence Definitions
512
Statutory discovery
514
Parol evidence not allowed when the law requires cop
521
Memoranda not made by the witness
523
Same continued
524
SameAs admissions As account books
530
Recording actsConveyancesDocuments recorded
531
ADMISSIONS
538
Effect of consenting to pay on condition an affidavit
539
Same continued
547
Proof of records of public departments
554
Proof of handwritingExpert evidence
570
What persons are competent as experts as to handwrit
571
Effect of alteration of instruments What constitutes alteration
572
Same rule although change is to the disadvantage of the wrongdoer
573
Immaterial alterations Conflicting views
574
Test of the materiality of the alteration
575
Implied consent to alterations Blanks
576
Unauthorized filling of blanks Deeds
577
cascos coscoscoscoscos coscoscos com 578 Presumption in case of alterationEnglish rule
578
SameConflicting views in the United States
579
Question of alteration is for the jury
580
Fraudulent intentAlteration of negotiable paper
581
Books of account as evidence
582
continued
583
Books should be those of original entry
584
Form of books of account
585
Books are to be those used in the course of business
586
Time of making the entries
587
Suppletory oath
588
Account books not evidence of collateral facts
589
Degree of credit to be given to books of account
590
Defects in books as affecting admissibility
591
Impeachment of books of accountThey must be pro duced in court
592
cascoscos
593
Scientific books Same Illustrations of the rule
594
595 Use of scientific books in the examination of experts
595
Reading from scientific books in argument to the jury
596
Admissibility of photographs
597
Newspapers When admissible
598
Proof and effect of letters
599
Admissibility of facts in histories Effect of judgments General rule
600
841
601
As to what persons judgments are conclusive
602
Effect of judgments on persons in privity with each other
603
Same continued
604
Admissibility of judgments as against strangers
605
Judgments in civil cases no bar in criminal cases
606
Judgments admissible against third persons for inci
607
cascascascoscascascos
625
757
637
Mode of proof of foreign records
642
Returns of officers
648
Depositions under statutesOn commission De bene
653
Offers of compromise
655
cascosa
663
Several commissioners may actTaking the oath
669

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Common terms and phrases

Popular passages

Page 30 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.
Page 384 - The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.
Page 56 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 192 - ... was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Page 245 - The signing by the Speaker of the House of Representatives, and by the President of the Senate, In open session, of an enrolled bill, is an official attestation by the two houses of such bill as one that has passed Congress.
Page 649 - A person may have exercised all the care which the law required, and yet, in the light of his new experience, after an unexpected accident has occurred, and as a measure of extreme caution, he may adopt additional safeguards.
Page 482 - ... that he has, in good faith, exhausted in a reasonable degree all the sources of information and means of discovery, which the nature of the case would naturally suggest, and which were accessible to him.
Page 284 - Again, it is said that the word "relevant," as applied to the admission of evidence, means that any two facts to which it is applied are so related to each other that according to the common course of events one of them, taken by itself or in connection with other facts, proves or renders probable the past, present, or future existence or nonexistence of the other.
Page 245 - That whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any Opinion of the Court.
Page 650 - People do not furnish evidence against themselves simply by adopting a new plan in order to prevent the recurrence of an accident. I think that a proposition to the contrary would be barbarous. It would be, as I have often had occasion to tell juries, to hold that, because the world gets wiser as it gets older, therefore it was foolish before.

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