| John Popham - 1870 - 258 pages
...— 1. That the evidence must correspond to, and be limited by, the allegations in issue ; 2. That the best evidence, of which the case in its nature is susceptible, must be produced ; and secondary evidence is inadmissable until proof is made that the best evidence... | |
| Charles Mathew Clode - 1874 - 538 pages
...that is (upon the assumption of innocence) on the prosecutor.— (Pp. 372, 378, 379.) " 4thly. That the best evidence of which the case in its nature is susceptible should be presented. " This rule is adopted to exclude fraud, which the withholding the best information... | |
| 1877 - 430 pages
...this evidence had been objected to when offered, it could not have been received, because it was not " the best evidence of which the case in its nature is susceptible." (Art. CC 1204.) But the evidence under consideration was not objected to when adduced ; and as I stated... | |
| 1908 - 1282 pages
...circumstances related on the witness stand as to what was said and done relative thereto constitute the best evidence of which the case in its nature is susceptible. The Intent to defraud the creditors of MA Oomeau by the transactions between himself and sous at the time... | |
| Asa Iglehart - 1879 - 1048 pages
...be produced. The fourth rule quoted above can only be stated in brief. It requires the production of the best evidence of which the case, in its nature, is susceptible. This rule only excludes secondary or inferior evidence where the evidence offered indicates of itself... | |
| 1887 - 1910 pages
...Court, SD Georgia, WD June 16, 1887.) 1. EVIDENCE— BEST EVIDENCE. 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 essential to the administration of justice. 2. SAME... | |
| Quebec (Province) - 1883 - 824 pages
...Evid., ) 82. A rule, which governs In n° 82 et s. ) the production of evidence, is that which requires the best evidence of which, the case, in its nature, is susceptible. This rule does not demand the greatest amount of evidence, which can possibly be given of any fact... | |
| 1892 - 1188 pages
...byLnrkin, every one would admit that oral evidence could not be given of the contents of the letter, but that the letter, if it could be found and produced,...a party to produce the best evidence of which the cose in its nature is susceptible. The rule is intended to prevent fraud and mistake, and is essential... | |
| 1886 - 948 pages
...uncertainty, it follows that the judgment must be affirmed; for the application of the rule calling for the "best evidence of which the case in its nature is susceptible" is here obviated by the pleadings. The answer admits Caulder's interest in the particular lots in controversy... | |
| United States. Department of the Interior - 1886 - 638 pages
...26th last. It is a general and well established rule governing in the production of evidence, that the best evidence of which the case in its nature is susceptible must be produced. Under this general rule it is held that "A title by deed must be proved by the production... | |
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