 | Law - 1843 - 506 pages
...proving a proposition or issue, lies on the party holding the affirmative. And the fourth is, that the best evidence, of which the case, in its nature, is susceptible, must always be produced. These are all considered in their natural order. The subject of Hearsay next... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1893 - 776 pages
...assigned. There is a rule of evidence, that when a party has in his possession, or power to produce, the best evidence of which the case in its nature is susceptible, and withholds it, the fair presumption is, that he withholds it from some sinister motive, and that... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...proposition at issue lies on the party holding the substantial affirmative. And the fourth is, that the best evidence, of which the case in its nature is susceptible, must always be produced. These rules we shall now consider in their ordev. § 143. The pleadings, at... | |
 | United States - 1851 - 508 pages
...and the only attainable proof, should be rejected. The best evidence should always be required — " not the best evidence of which the case in its nature is susceptible" but the best evidence, which exists and is attainable. The theoretically best evidence may have ceased... | |
 | United States - 1851 - 598 pages
...and the only attainable proof, should be rejected. The best evidence should always be required — " not the best evidence of which the case in its nature is susceptible" but the best evidence, which exists and is attainable. The theoretically best evidence may have ceased... | |
 | Georgia. Supreme Court - Equity - 1851 - 716 pages
...sustained. Was the parol proof admissible on the original trial ? [1.] The law requires the production of the best evidence of which the case, in its nature, is susceptible, for the obvious reason, that if this is withheld, it is fair to presume that the party had some sinister... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1894 - 712 pages
...and certainly should have been, covered by his deposition or oral testimony. The cardinal rule that " the best evidence of which the case in its nature is susceptible" must be produced, requires that "no evidence shall be received which is merely substitutionary in its... | |
 | John Bouvier - Law - 1855 - 774 pages
...accessory or secondary obligation to pay damages for not doing so. 1 Bouv. Inst. n. 702. PRIMARY EVIDENCE. The best evidence of which the case in its nature is susceptible. 3 Bouv. Inst. n. 3053. Vide Evidence. PRIMARY POWERS. The principal authority given by a principal to... | |
 | John Appleton - Evidence (Law) - 1860 - 298 pages
...examined as witnesses. Objections m^y be made to the credit, but never to the competency of witnesses. While the best evidence should always be required,...evidence of which the case in its nature is susceptible." The best mode of extracting testimony, orally, in public, and before the tribunal which is to decide... | |
 | John Hubert Plunkett, William Hattam Wilkinson - Criminal law - 1860 - 670 pages
...264). As to variances and amendments, nee " Justices." II. THE BEST EVIDENCE. The best Evidence']. — The best evidence of which the case in its nature is susceptible shall be adduced to prove every disputed fact. This rule is adopted for the prevention of fraud, for... | |
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It is an elementary principle of the law of evidence that the best evidence of which the case in its nature is susceptible... 
