A Selection of Cases on Evidence at the Common Law |
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Common terms and phrases
action admissible admitted affirmed alleged allowed appears apply assumpsit attesting witness authority Bagber bill burden of proof called cause character charge circumstances claimed clerk common law Commonwealth competent confession contents counsel Daniel Cox death deceased decided decision declarations deed defendant defendant's delivered demurrer dence doubt duty dying declarations entries error established examination exceptions execution facie given in evidence Greenl ground handwriting hearsay held indictment indorsement inference interest issue judgment judicial jury knowledge Lord Lord Ellenborough Lord Mansfield Mass matter negligence Nisi Prius non est factum nonsuit notice oath objection offered opinion party pedigree person plaintiff plaintiff in error pleaded present presumption prima facie principle prisoner produced proved purpose question of fact railroad reason received record Reported reputation Robert Hunter rules of evidence statement statute subscribing witness sufficient Supreme Court testator testify testimony tion trial verdict West Jersey
Popular passages
Page 472 - ... for a rule to show cause why a new trial should not be granted...
Page 794 - 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...
Page 28 - 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.
Page 124 - 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 him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the statement completely at variance with what the party actually did say.
Page 717 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time...
Page 31 - ... the Judgment of the Court of Appeals of Maryland be reversed, and the case remanded to that court for further proceedings not inconsistent with this opinion.
Page 741 - Keene now moved pursuant to leave reserved for a rule calling on the plaintiff to show cause why the verdict should not be set aside...
Page 665 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declaration, (a) The affidavits were rejected.
Page 658 - Whenever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings, made at the time in question, are also original evidence. If they...
Page 756 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31