 | John Hubert Plunkett, William Hattam Wilkinson - Criminal law - 1860 - 642 pages
...264). As to variances and amendments, see " 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... | |
 | Liberalism (Religion) - 1861 - 538 pages
...as witnesses. " Objections may 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.' " It may surprise some of the uninitiated to be told that the above propositions are not only disputable... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 660 pages
...be so applied as to promote the ends for which they were designed. Wherefore the general rule, that the best evidence of which the case, in its nature, is susceptible, must be produced, is subject to exceptions where the general convenience requires it. "Proof, for example,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861 - 700 pages
...himself was the better witness to prove his delegation of authority to Nation, and that the law requires the best evidence of which the case, in its nature, is susceptible. We recognize the rule, but think it not applicable to the case. The authority, so far as appears, was... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 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 we shall now consider in their order. § 61. First. The pleadings at... | |
 | Abraham Caruthers - Civil procedure - 1866 - 716 pages
...which is called circumstantial or presumptive evidence. (1 Greeuleaf, 51 to 55.) 2. BEST EVIDENCE. The best evidence of which the case in its nature is susceptible must be produced. Not the highest degree of evidence is required; but an inferior kind is not to be... | |
 | Law - 1885 - 544 pages
...prove the marriage, cohabitation aud repute are subject to the unanswerable objection that they are not the best evidence of which the case in its nature is susceptible. The leaning of the court In Collins v. Collins toward the rule requiring direct evidence of marriage... | |
 | Holland Nimmons McTyeire - 1870 - 284 pages
...essential; but in the latter case, redundancy cannot vitiate, because more is proved than is alleged. IV. The best evidence of which the case, in its nature, is susceptible, must always be brought forward. (1) This rule forbids the reception of that evidence which is merely... | |
 | Law - 1892 - 582 pages
...resorted to to prove its contents. This evidence violated the rule which requires a party to produce the best evidence of which the case in its nature is susceptible. The rule is intended to prevent frand and mistake, and is essential to the pure administration of justice.... | |
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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... 
