The Rules of Evidence: Stated and Discussed

Front Cover
T.&J.W. Johnson, 1860 - 284 pages
 

Contents

I
9
II
21
III
30
IV
41
V
61
VI
93
VII
119
VIII
135
X
156
XI
173
XII
189
XIII
216
XIV
228
XV
245
XVI
254
XVII
271

IX
144

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Page 268 - Be ye not unequally yoked together with unbelievers. For what fellowship hath righteousness with unrighteousness? And what communion hath light with darkness? And what concord hath Christ with Belial? Or what part hath he that believeth with an infidel?
Page 276 - No person who denies the being of a God shall hold any office in the civil departments of this state, nor be competent to testify as a witness in any court.
Page 255 - If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it...
Page 160 - If a. surgeon was voluntarily to reveal these secrets, to be sure, he would be guilty of a breach of honor and of great indiscretion ; but to give that information in a court of justice, which by the law of the land he is bound to do, will never be imputed to him as any indiscretion whatever.
Page 129 - What is your name and age? Where were you born? Where do you reside, and how long have you resided there! What is your business or profession? Give any explanation you may think proper, of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation.
Page 274 - an executor or administrator is a party, the other party shall not be admitted to testify in his own favor...
Page 206 - Courts of Law are obliged in cases of this kind to depart from the ordinary rules of evidence ; as it would be impossible to establish descents according to the strict rules, by which contracts are established, and subjects of property regulated ; requiring the facts from the mouth of the witness, who has the knowledge of them. In cases of pedigree therefore recourse is had to a secondary sort of evidence : the best the nature of the subject will admit ; establishing the descent from the only sources,...
Page 278 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 145 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse dcbct"; and if against each other, they would contradict another maxim, "nemo tenetur seipsum accusare.
Page 255 - And the angel which I saw stand upon the sea and upon the earth lifted up his hand to heaven, and sware by him that liveth for ever and ever, who created heaven and the things that therein are, and the earth and the things that therein are, and the sea and the things which are therein that there should be time no longer...

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