 | New Jersey. Court of Chancery - 1905 - 808 pages
...received with great caution. It frequently happens that the witness, by unintentionally altering a few expressions really used, gives an effect to the statement...completely at variance with what .the party actually did say. 1 Greenl. Evid. § 200. Words which are used in a sense expressing grateful appreciation of kindness... | |
 | Henry Holmes Joy - 1842 - 270 pages
...Leach., case, 236, resumed from the Surry Assizes, 1791, for the opinion of the twelve judges. used, he gives an effect to the statement, completely at variance with what the party really did say (a). In Crossfield's trial for high treason (i), Mr. Adam, speaking of the evidence... | |
 | Ireland. Court of King's Bench - 1846 - 588 pages
...party has said, but that, by " unintentionally altering a few of the expressions really used, he " gives an effect to the statement completely at variance with what " the party really did say." Brewer v. Palmer is directly in point to the present case, and I refer to it as having... | |
 | Alabama. Supreme Court - 1888 - 714 pages
...repetition of oral statements, is subject to much imperfection and mistake; the party himself either being misinformed, or not having clearly expressed his own...having misunderstood him. It frequently happens, also," he adds, "that the witness, by unintentionally altering a few of the expressions really used, gives... | |
 | John Pitt Taylor - 1848 - 764 pages
...may have been misinformed, or he may not have clearly expressed his meaning, or the witness may have misunderstood him. It frequently happens, also, that...completely at variance with what the party actually said (m). But where the admission is (e) Skaife ». Jackson, 3 B. & C. 421 ; Farrar c. Hutchinson,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...repetition of oral statements, is subject to much imperfection and mistake; the party himself either being misinformed, or not having clearly expressed his own...also, that the witness, by unintentionally altering ;i few of the expressions really used, gives an effect to the statement, completely at variance with... | |
 | Georgia. Supreme Court - 1849 - 680 pages
...repetition ol oral statements, is subject to much imperfection and mistake; the party himself, either being misinformed or not having clearly expressed his own...statement completely at variance with what the party did actually say." 1 Green. Ec. 233. In Law vs. Merrills, 6 Wend. 277, Chancellor Walworth observes... | |
 | William Henry Seward, T. C. Leland - 1851 - 64 pages
...repetition of oral statements is subject to much imperfection or mistake, the party himself either being misinformed, or not having clearly expressed his own...unintentionally altering a few of the expressions realy used gives a completely different statement of what the party did say. The zeal too which so... | |
 | Abel F. Fitch - 1851 - 898 pages
...being misinformed, or not havini clearly expressed his own meaning or the witness having understood him. It frequently happens also that the witness,...unintentionally altering a few of the expressions realy used gives a completely different statement of what the party did say. The zeal too which <n... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 816 pages
...oral statements, is sometimes subject to imperfections or mistakes; the party himself either being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood it. The jury may also consider that the witness, by unintentionally altering a few of the expressions... | |
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The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood... 
