 | John Hubert Plunkett, William Hattam Wilkinson - 1860 - 642 pages
...264). As to variances and amendments, see " Justices." II. THE BEST EVIDENCE. The best Evidence"]. — The best evidence of which the case in its nature is susceptible shall be adduced to prove every disputed fact. This rule is adopted for the prevention of fraud, for... | |
 | John Hubert Plunkett, William Hattam Wilkinson - 1860 - 670 pages
...264). As to variances and amendments, nee " Justices." II. THE BEST EVIDENCE. The best Evidence']. — The best evidence of which the case in its nature is susceptible shall be adduced to prove every disputed fact. This rule is adopted for the prevention of fraud, for... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 700 pages
...himself was the better witness to prove his delegation of authority to Nation, and that the law requires the best evidence of which the case, in its nature, is susceptible. We recognize the rule, but think it not applicable to the case. The authority, so far as appears, was... | |
 | 1861 - 538 pages
...be required, the best existing and attainable evidence should not be excluded, because it is not ' the best evidence of which the case in its nature is susceptible.' " It may surprise some of the uninitiated to be told that the above propositions are not only disputable... | |
 | Illinois. Supreme Court - 1874 - 660 pages
...be so applied as to promote the ends for which they were designed. Wherefore the general rule, that the best evidence of which the case, in its nature, is susceptible, must be produced, is subject to exceptions where the general convenience requires it. "Proof, for example,... | |
 | New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863 - 720 pages
...who had seen the whole matter, how much buckwheat was wasted. This is only applying the rule, " that the best evidence of which the case in its nature is susceptible, must always be produced." (1 Grcenl. Ev. 7th ed. 68, § 50.) (4.) The leading cases that might seem... | |
 | Simon Greenleaf - 1866 - 756 pages
...proving a proposition, or issue, lies on the party holding the affirmative. And the fourth is, that the best evidence of which the case, in its nature, is susceptible, must always be produced. These we shall now consider in their order. § 61. First. The pleadings at... | |
 | Abraham Caruthers - 1866 - 716 pages
...which is called circumstantial or presumptive evidence. (1 Greeuleaf, 51 to 55.) 2. BEST EVIDENCE. The best evidence of which the case in its nature is susceptible must be produced. Not the highest degree of evidence is required; but an inferior kind is not to be... | |
 | Holland Nimmons McTyeire - 1870 - 284 pages
...essential; but in the latter case, redundancy cannot vitiate, because more is proved than is alleged. IV. The best evidence of which the case, in its nature, is susceptible, must always be brought forward. (1) This rule forbids the reception of that evidence which is merely... | |
 | United States. Supreme Court - 1870 - 738 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 bo produced.* Founded, as the action is, upon a policy of insurance, it becomes necessary,... | |
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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... 
