A Treatise on the Law of Evidence: With a Discussion of the Principles and Rules which Govern Its Presentation, Reception and Exclusion, and the Examination of Witnesses in Court

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T. H. Flood, 1894 - 691 pàgines
 

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Pàgina 223 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Pàgina 352 - ... to establish a defense on the ground of insanity it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Pàgina 352 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Pàgina 527 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Pàgina 259 - ... patient in a professional capacity, 'and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without his consent.
Pàgina 141 - It is enough, if it satisfactorily appears, in any mode, that they -were made under that sanction; whether it be directly proved by the express language of the declarant, or be inferred from his evident danger, or the opinions of...
Pàgina 340 - They are founded upon the general experience of mankind that claims which are valid are not usually allowed to remain neglected. The lapse of years without any attempt to enforce a demand creates, therefore, a presumption against its original validity, or that it has ceased to subsist.
Pàgina 259 - ... in the course of professional employment. 3. 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.
Pàgina 118 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.
Pàgina 509 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause, without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...

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