An Illustrated Treatise on the Law of Evidence |
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Other editions - View all
An Illustrated Treatise on the Law of Evidence (1905) Thomas Welburn Hughes No preview available - 2008 |
Common terms and phrases
accused action admis admissible in evidence admissible to prove admissible to show admitted alleged alteration applicable assumpsit attesting witness Bank Best Evidence Rule character Chief Justice circumstances common law competent witness confession constitute contract court's ruling courts hold criminal cross-examination deceased declaration against interest declarations relating deed defendant demurrer dence dying declarations English rule essential evidence is admissible excluded execution existence fact in issue former trial given ground held admissible Illinois impeach inadmissible incompetent injuries instrument interest joinder judicial notice jurisdictions jurors jury larations legally relevant marriage Mass matter ment missible oath objection offers in evidence opinion oral original evidence parol evidence Parol Evidence Rule person plaintiff prejudicial error presumption promissory note prosecution question reason record render reputation res gestae rule against hearsay ruling is prejudicial says secondary evidence statement statute sues sufficient take judicial notice testator testify testimony tion writing
Popular passages
Page 176 - No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.
Page 196 - 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 176 - The Inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman, to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault, and a trespass...
Page 242 - ... to be a complete and final statement of the whole of the transaction between them.
Page 273 - The general rule, therefore, is, that a lunatic or a person affected with insanity is admissible as a witness if he have sufficient understanding to apprehend the obligation of an oath, and to be capable of giving a correct account of the matters which he has seen or heard in reference to the questions at issue...
Page 269 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 37 - relevant' means that any two facts to which it is applied are so related to each other that, according to the common course of events, one, either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or nonexistence of the other.
Page 264 - Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is. where the meaning of the testator's words is neither ambiguous nor obscure, and. where the devise is on the face of it perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.
Page 88 - War is also required to provide, in the system of observations and reports in charge of the chief signal officer of the army, for such stations, reports and signals as may be found necessary for the benefit of agriculture and commercial interests...
Page 195 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court aunexed. if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate that the said attestation is in due form.