 | Thomas Johnson Michie - Law reports, digests, etc - 1906 - 856 pages
...degree, depend on the age and intelligence of the witness. It is true, it is a rule of evidence, that the best evidence of which the case, in its nature, is susceptible, should be required. But still, when there is no substitution of evidence, but only a selection of the... | |
 | Edgar S. Dudley - Courts-martial - 1907 - 750 pages
...Tnat the burden of proving the proposition, or issue, lies on the party holding the affirmative. d. The best evidence of which the case, in its nature, is susceptible must always be produced.i PRIMARY AND SECONDARY EVIDENCE 556. Primary Evidence. — Primary evidence... | |
 | William Draper Lewis - Judges - 1908 - 606 pages
...examined 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." The best mode of extracting testimony, orally, in public, and before the tribunal which is to decide... | |
 | Albert H. Putney - Law - 1908 - 396 pages
...EVIDENCE RULE. From earliest times, in the production of evidence, courts have required to be produced the best evidence of which the case in its nature is susceptible, if obtainable. This is known as the "best evidence rule," and allows no evidence to be introduced which... | |
 | Albert Hutchinson Putney - Law - 1908 - 400 pages
...EVIDENCE RULE. From earliest times, in the production of evidence, courts have required to be produced the best evidence of which the case in its nature is susceptible, if obtainable. This is known as the "best evidence rule," and allows no evidence to be introduced which... | |
 | William Draper Lewis - Judges - 1909 - 640 pages
...competent because considered in connection with the means of observation on which they are based, they are the best evidence of which the case in its nature is susceptible. From the nature of the subject, it cannot be generally so described by witnesses as to enable others... | |
 | Casey Albert Wood - 1911 - 950 pages
..."best evidence" rule, by which is meant, as before stated, that a court will require to be produced "the best evidence of which the case in its nature is susceptible." Another subordinate rule, under the general rule of competency (perhaps, too, falling under that of... | |
 | Law reports, digests, etc - 1911 - 2152 pages
...appears that the defendant hus been permitted to litigato all that he alleged in such special pleas. 3. The best evidence of which the case in its nature is susceptible must be produced. 4. The presumption is that the judgment of the district court is proper, and the... | |
 | Law reports, digests, etc - 1911 - 986 pages
...APPEAL AND ERROR, § 204. § 157. Necessity and admissibility of best evidence. It is well settled that the best evidence of which the case in its nature is susceptible, should be introduced; and hence, where it appears that there is a written contract, which is the foundation... | |
 | United States. Supreme Court - Law reports, digests, etc - 1912 - 1054 pages
...That the burden of proving a proposition or issue lies on the party holding the affirmative. (4) That the best evidence, of which the case in its nature is susceptible, must always be produced. 1 Greenl. Ev. sec. 50. Founded, as the action is, upon a policy of insurance,... | |
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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... 
