Commentaries on the Law of Evidence in Civil Cases, Volum 3

Burr W. Jones, Louis Horwitz

Bancroft-Whitney, 1913

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Continguts

Evidence in General	1

Presumptions 957e	2

Presumptions Continued 58104	5

Inspection Other Than by the Court or Jury	6

Inspection of Person in Personal Injury Cases	8

Same Continued	11

Inspection by the JuryPersonal Injury Cases	17

Inspection of Articles by Jury	21

Logbooks as Evidence	469

Records of Municipal Corporations	471

SameHow Authenticated and Proved	473

Records of Private CorporationsFor What Purposes Admitted	476

516a SameOpinions of Textwriters on Corporations	478

SameIn Actions on Stock Subscriptions and Other Actions	480

Same As AdmissionsAs Accountbooks	491

Recording ActsConveyancesDocuments Recorded When Admissible	497

Inspection of Person and Articles in Criminal Cases	25

Inspection as Proof of ResemblanceRaceAge	27

Effect of Nonproduction of Real Evidence	30

iii	33

Experiments and Tests in the Presence of the Jury	34

ViewThe Former Practice	38

Statutes Regulating View	39

View Discretionary	41

When View may be Granted	43

Is the View Evidence in the Case?	46

Same Continued	51

Experiments Out of Court	57

ModelsDiagramsPhotographs	58

CHAPTER 14	63

The Statute as Affecting Leases	78

Proof of Surrender or Assignment of Interests in Land 416 Surrender by Operation of	84

Cancellation or Redelivery of Instruments Creating Interests in Land	86

TrustsHow ProvedNeed not be Created by Writing	88

The Trust to be Proved by Writing	90

Exception as to Resulting Trusts	94

Same Continued	97

SameMode of Proving the TrustAmount of Evidence	99

Statutes Limiting Resulting Trusts	101

SameObject of the StatuteWhat Law Governs	103

Proof of Trusts Between Those Holding Fiduciary Relations	104

WillsProcuring Devise by Fraud 427 Proof of GuarantyNovationExecutors and Administrators	112

Sale of Goods	122

What the Memorandum is to Contain	124

Same Continued	130

Subsequent Modification by ParolFraudMistake	135

ReformationPart PerformanceHow Proved	137

SameOriginal Agreement must be Proved	141

CHAPTER 15	144

Parol Evidence Inadmissible to Vary Written InstrumentsReasons for the Rule	145

The Rule Does not Prevent Proof of FraudSealed and Unsealed Instruments	155

Illegality of Contract may be ShownIncapacity 437 As to Mistakes of FactReformation of Contract 437a As to Mistakes in	171

Mistakes as to Dates	172

Proof of Independent or Collateral ContractsSubject Matter Thereof	174

Parol Evidence When the Writing is Incomplete 441 Sales of Personal Property	186

Parol Proof of Subsequent Agreement	192

Same As to Specialties	198

Subsequent Agreement as to Contracts Within the Statute of Frauds 1	204

To Show That Instruments Apparently Absolute are Only Securities	210

SameReal Intention of the Parties to be Ascertained	212

Not Limited to Deeds and Mortgages	215

Rule as to Parol Evidence not Applicable to Strangers to the In strument	218

Parol Evidence to Identify and Apply the Subject Matter	220

SameUse of PropertyIdentifying Parties 452 SameFurther IllustrationsGeneral Rule	228

Proof of Surrounding Facts	232

Such Evidence Only Received When the Language is of Doubtful Import	236

Proof of Meaning of Words	239

SameIntentionMeaning of Words and Phrases	243

Usages of Trade	247

SamePrincipal and Agent	250

Proof of UsageBills of LadingInsurance 460 SameContracts for Services	256

Proof of Custom Between Landlord and TenantOther Contracts 462 General Requisites of UsagesMust be Reasonable	262

The Usage must be an Established	267

The Usage must be Known	269

The Usage must be Consistent With the Contract	275

Proof That the Usage is General Uniform and Certain Continuous and Obligatory Peaceable	280

To Admit Parol Proof the Usage must be Lawful	283

Parol Evidence as to Consideration	284

Proof of Consideration in Deeds	288

SameIn Cases of Fraud	296

Parol Proof as to Execution and DeliverySuspension of Operation	299

Parol Proof of Latent Ambiguities	306

Parol Evidence not Allowed in Case of Patent Ambiguities	314

Patent AmbiguityThe True RuleHow AscertainedInaccuracies	317

Parol Evidence as to WillsIn General	320

WillsParol Evidence to Identify Property 477 WillsEvidence to Identify Devisee or Legatee	329

The Rule Where the Description is More Applicable to One Subject or Person Than Another	335

WillsMeaning of Words and TermsProof in Case of Latent AmbiguityDeclarations of Testator	339

Proof of Declarations of TestatorTime of Making	348

Same To Show Mental Condition	350

SameDeclarationsHow Limited	352

Parol Proof of Declarations as to RevocationLost Wills 485 Parol Evidence to Explain DeedsLatent Ambiguities 486 Parol Evidence Inadmissible to...	371

Same Continued	373

As to Deficiency of Land in Deeds	377

Parol Proof as to Acknowledgments	379

Parol Evidence to Explain Receipts	384

Effect of Receipts When not Explained	389

Warehouse Receipts	394

Parol Evidence as to Bills and Notes	397

Qualifications of the General Rule as Applied to Negotiable Paper 496 Indorsements on Negotiable Paper	409

SameQualifications	412

Bills of LadingContractual StipulationsReceipts	416

Parol Evidence as to Mortgages	424

CHAPTER 16	429

Proof of Foreign LawsUnwritten	435

Same Continued	440

Proof of the Laws of Sister StatesStatutes 505 Same Continued	447

SameProof of the Unwritten	450

507 Proof of Acts of StateProclamationsLegislative Journals	452

Official RegistersBooks of Public Officers	455

Proof of Facts Contained in Official Registers	460

Registers of Marriage Birth and Death	463

Same Continued	464

Ship Registers	467

SameRequisitesCertificates of AcknowledgmentDefects in 521 Defective RecordsEvidence for Some Purposes 522 Public DocumentsProvable by C...	506

Examined and Certified Copies as Evidence 525 Effect of Copies as EvidenceCannot Exclude OriginalsBy Whom Certified	507

Proof of Execution of Documents	515

Proof of Attested DocumentsAttesting Witnesses to be Called 528 Exceptions to the General RuleAbsence or Disability of Witnesses	523

Diligence Necessary if Witness is Absent	525

Exception Where Adverse Party Claims Under the Document	530

ExceptionAncient Documents	531

SamePossession of PropertyOffice Bonds	532

Best Evidence After Nonproduction of Subscribing Witnesses	533

SameVariations in Order of ProofRebuttal of Suspicious Cir cumstances	534

SameSubstitutes for Proof of HandwritingPresumption from Proof of Handwriting not Conclusive	535

Mode of Proving Execution by Subscribing Witnesses	536

Statutes Affecting Proof of DocumentsRecording Acts	560

Nonjudicial RecordsProof ofFederal StatutesForeign	564

SameDepartment RecordsFederal Statutes 540 Proof of Records of Public DepartmentsCopies	575

SameEffect of These Statutes	579

542 SameCertificates	582

Mere Certificates not Evidence	584

Judgments in Civil Cases No Bar in Criminal Cases	589

Judgments Admissible Against Third Persons for Incidental Pur	590

Exceptions to the Rule That Mere Certificates are not Evidence 545 Proof of HandwritingWriter Need not be Called	593

One Who has Seen Another Write or What is Admitted by the Writer to be His Writing is Competent to Testify as to His Handwriting	596

547 Knowledge of Handwriting may be Gained by Correspondence	603

Such Knowledge may be Gained in the Course of BusinessOfficial and Otherwise	606

549 Value of the TestimonyHow Affected by the Means of Knowledge	608

550 Use of Writing Written for Comparison at the Trial	611

Comparison of HandwritingEnglish Rule	613

SameConflicting Views in United States	614

Comparison of Simulated SignaturesProof of Identity	618

ExceptionsAllowing Comparison of Hands	622

555 Writings Used for Comparison must be Shown to be Genuine	626

Returns of OfficersNot Evidence of Collateral Facts	631

Proof of HandwritingExpert Evidence 557 Effect of Alteration of InstrumentsWhat Constitutes Alteration	651

Immaterial Alterations Conflicting Views	659

Test of the Materiality of the Alteration	664

By Whom and When MadeImplied Consent to AlterationBlanks 562 Unauthorized Filling of BlanksDeeds	674

Presumptions in Case of AlterationEnglish Rule	677

SameConflicting Views in the United States 11	679

Question of Alteration is for the Jury	686

566b Effect of Alteration upon Rights of PartiesDuplicatesRatification	693

CHAPTER 17	697

Books of Account as Evidence	698

SameStatutesOf What Transactions Books are Evidence	702

Books Should be Those of Original Entry	706

Form of Books of Account	710

Books are to be Those Used in the Course of BusinessMode of Making the Entries	714

Time of Making the Entries	717

Suppletory Oath	719

Accountbooks not Evidence of Collateral Facts	723

Degree of Credit to be Given to Books of Account 576 SameDefects in Books as Affecting Admissibility and Weight 577 Impeachment of Books of...	733

Scientific Books	736

Use of Scientific Books in the Examination of Experts	742

Reading from Scientific Books in Argument to the Jury	748

Admissibility of Photographs	751

NewspapersWhen Admissible	760

Proof and Effect of Letters	764

Admissibility of Facts in Histories	768

Effect of JudgmentsGeneral Rule	770

As to What Persons Judgments are Conclusive 587 Effect of Judgments on Persons in Privity With Each Other	779

Admissibility of Judgments as Against Strangers	784

Judgments Against Principals in Actions Against Their Sureties	795

Attendance and Examination of Witnesses 797	797

591a Judgments Against Sureties in Actions Against Their Principals	801

SameOther Classes of Bonds	802

JudgmentsWhen Admissible as Against Third Persons Who are Liable to Make Indemnity	805

Judgment must be Final	810

Finality of JudgmentsMust be on the Merits	812

Effect of Nonsuit or Discontinuance or Appeal 597 Conclusive Only as to Matters in Issue	824

As Affected by Form of Action	829

598a Established Rules for the Administration of Estoppel by Judgment	834

Extrinsic Evidence to Identify the Issue	836

Same Continued	837

Proof That Issues are the SameBurden	840

Effect of Judgment Where Cause of Action is Different	844

Effect of JudgmentGeneral Issue	848

Matters Which Might have Been Litigated in a Former Suit	850

Same Continued	858

Judgments in Rem as Evidence	860

SameJudgment of Divorce	865

Same Continued	867

Judgments in ProbateConclusive Effect ofProof of Death	871

SameJurisdiction	874

Collateral Proof to Show Want of Jurisdiction 612 Silence of the RecordContrary ViewsQualifications of General Rule	881

Inferior CourtsJurisdiction to Appear on Record	883

Merits of Foreign JudgmentsNot Open to Inquiry	885

SameConflicting Views	887

Judgments of Sister StatesWant of Jurisdiction may be Shown 618 SameRegularity PresumedProof of Fraud	899

Domestic Judgments not Impeachable by Parties for Fraud	902

JudgmentsHow ProvedShould be Complete 621 Proof of Parts of RecordVerdict	908

Proof of Judgments in Courts Where Rendered 623 Proof of Records of Courts in the Same StateInferior Courts	911

Mode of Proof of Foreign Records	913

Same Mode of Authentication	915

Proof of Records of Sister StatesFederal Statutes	917

Proof of Judgments in Federal Courts	920

AuthenticationAttestation of Clerk 629 Same Certificate of the Judge	925

SameSeal	929

Copyright

Altres edicions - Mostra-ho tot

Commentaries on the Law of Evidence in Civil Cases, Volum 3
Burr W. Jones,James Max Henderson
Visualització completa - 1926

Commentaries on the Law of Evidence in Civil Cases, Volum 3
Burr W. Jones,Louis Horwitz
Visualització completa - 1913

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Informació bibliogràfica

Títol	Commentaries on the Law of Evidence in Civil Cases, Volum 3 Commentaries on the Law of Evidence in Civil Cases, Louis Horwitz
Autors	Burr W. Jones, Louis Horwitz
Editor	Bancroft-Whitney, 1913

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