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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... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Page 46
1862
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Digest of Decisions of United States Courts Pertaining to Sections 215 and ...

United States. Courts, United States. Post Office Department - Law - 1921 - 84 pages
...Chapter V. EVIDENCE. Article 1. RELEVANCY, MATERIALITY, COMPETENCY. The rule requiring the production of the best evidence, of which the case in its nature is susceptible, is adopted for the prevention of fraud, and is declared to be essential to the pure administration...
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The Federal Reporter, Volume 142

Law reports, digests, etc - 1906 - 1066 pages
...rule is an important and familiar one. It is a necessary deduction from the law's requirement that the best evidence of which the case in its nature is susceptible shall always be presented. It has for its object the prevention of fraud, and its enforcement is essential...
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The Federal Reporter, Volume 56

Law reports, digests, etc - 1893 - 1058 pages
...instruction, and assigns error upon it here. The rule is elementary which requires the production of the best evidence of which the case, in its nature, is susceptible. The rule does not demand the greatest amount of evidence which can be given on the litigated fact;...
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Legal Accounting and Court Auditing: With Especial Reference to Federal and ...

Herbert Lewis Davis - Accounting - 1927 - 174 pages
...proved. 3. The burden of proving a proposition, or issue, lies on the party holding the affirmative. 4. The best evidence of which the case, in its nature, is susceptible must always be produced. While all admissible evidence must be relevant, all relevant evidence, in...
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The Northeastern Reporter, Volume 30

Law - 1892 - 1316 pages
...resorted to to prove its contents. This evidence violated the rule which requiresa porty to produce the best evidence of which the case in its nature is susceptible. The rule is intended to prevent fraud and mistake, and is essential to the pure administration of justice....
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The Oklahoma Law Journal, Volume 11

Law - 1912 - 512 pages
...secondary evidence. A fundamental in the rule of evidence is that which requires the production of the best evidence of which the case in its nature is susceptible. This rule naturally leads to the division of evidence into primary and secondary. Primary is that which...
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Canadian Railway and Transport Cases, Volume 14

Railroad law - 1913 - 554 pages
...box. It is contended that these are presumptions which furnish an exception to the general rule that the best evidence of which the case in its nature is susceptible should always be produced. These presumptions are apparently in the same class as those in which secondary...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 70

Minnesota. Supreme Court - Law reports, digests, etc - 1899 - 618 pages
...charged, with full knowledge of the facts and with intent to defraud. But it must go further, and prove by the best evidence of which the case in its nature is susceptible, that the signature affixed to said forged instrument, or the material alteration made, was done without...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 19

Idaho. Supreme Court - Law reports, digests, etc - 1911 - 912 pages
...been taken by interested parties. The authorities treat the proceedings as the proper mode of securing 'the best evidence of which the case in its nature is susceptible.' There is not an assertion or suggestion by any jurist that rights of property are impaired or transgressed...
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Official Gazette, Volume 85, Issues 15-20

Philippines - Law - 1989 - 782 pages
...Island vs. Martinez, (44 Phil. 817) that when a party has it 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 the evidence is withheld for some sinister motive and...
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