A Treatise on the Law of Evidence |
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Page 41
... fact , that the objection must have been founded . Those cases , therefore , in which such objections were over - ruled , appear to have determined this point , that a witness will not be incompetent merely on the ground of his thinking ...
... fact , that the objection must have been founded . Those cases , therefore , in which such objections were over - ruled , appear to have determined this point , that a witness will not be incompetent merely on the ground of his thinking ...
Page 64
... fact , and the trespass com- mitted at the same time and place , he may not be a wit- ness , because he swears to discharge himself ; but if it were not the same fact , but two distinct trespasses at dif- ferent times and * places ...
... fact , and the trespass com- mitted at the same time and place , he may not be a wit- ness , because he swears to discharge himself ; but if it were not the same fact , but two distinct trespasses at dif- ferent times and * places ...
Page 64
... fact of adultery , and the confessions of the wife were admitted , on the trial , in evidence to prove her guilt , it was held that the confessions of the wife , when connected with other proof , were , in the first instance ...
... fact of adultery , and the confessions of the wife were admitted , on the trial , in evidence to prove her guilt , it was held that the confessions of the wife , when connected with other proof , were , in the first instance ...
Page 66
... fact in a cause , which from its nature must have been known to him , ( as , for example , to his own marriage , ) his wife cannot be called by the same party to contradict him ( 6 ) , as such evidence might lead to a charge of per ...
... fact in a cause , which from its nature must have been known to him , ( as , for example , to his own marriage , ) his wife cannot be called by the same party to contradict him ( 6 ) , as such evidence might lead to a charge of per ...
Page 67
... fact on one side , the adverse party shall be precluded from calling the husband or wife of the witness to disprove that fact . And as the most serious inconveniences might result from the adoption of such an exclusive rule , which ...
... fact on one side , the adverse party shall be precluded from calling the husband or wife of the witness to disprove that fact . And as the most serious inconveniences might result from the adoption of such an exclusive rule , which ...
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Common terms and phrases
act of parliament admissible admitted afterwards allowed answer appear assumpsit Baron Gilbert bill Binney Bull Burr Campb cause charge cited claimed common law competent witness conclusive confession considered conviction court of equity Court of King's Cowp criminal debt deceased declaration defendant defendant's dence depositions East P. C. Ex'rs examined fact felony fendant Gilb give evidence given in evidence ground Gwill held husband incompetent indictment indorsement interest issue Jackson Johns judges judgment jury King's Bench Leach Cr Lessee liable Lord Ellenborough Lord Kenyon Lord Mansfield manor marriage Mass ness New-York non est factum oath objection offence opinion parish Parker party perjury person plaintiff plea pleaded presumption principle prisoner proceedings produced proof prosecution prove question reason received record recover rejected rule Salk sentence Smith stat statute subpœna sufficient suit sworn Taunt testimony tion trial usury verdict Vide voire dire wife writ