A Brief on the Modes of Proving the Facts Most Frequently in Issue, Or Collaterally in Question, on the Trial of Civil Or Criminal Cases

Framsida
Lawyers Co-operative Publishing Company, 1922 - 1161 sidor
 

Innehåll

ACCOUNTS
74
Regularity as to course of business
97
ACCOUNT STATED
115
To impeach
121
ACKNOWLEDGMENT
122
Privileged communications to notary
128
Witness not hearing or understanding whole conversation
134
Records of ones society
148
Declarations by injured person to physician examining
154
Declarations against title by former owner whether he
160
Declarations of deceased subscribing witness to will
164
Declarations as to pedigree
170
Presumptions
176
Judicial notice
182
Hearsay
186
Crossexamining witness as to capacity to judge
188
Age of document
189
Age of horse
190
PROVING AGENCY OR AUTHORITY
191
Direct testimony
192
Necessity of written authority
193
Best and secondary evidence of authority
194
Conditions precedent
195
b In connection with evidence of ratification
198
Appearing to be in charge of business
199
Ownership and use
200
Charging a commission
201
Opinion as to powers
202
b Transactions with other persons
204
Similarity of transactions
206
Single transaction not enough
207
Relationship of husband and wife or parent and child as affecting proof of agency
208
b Agency of a wife for a husband
209
Joint interest
210
DISPROVING AGENCY OR AUTHORITY
218
Burden of proof
220
Effect of alteration on competency as evidence
225
Competency of witness to explain
231
Technical meaning
242
APPRAISAL
248
Instrument delivered but to be surrendered again
255
Presumptions
256
Direct testimony
257
Necessity of proof
258
b Notwithstanding written evidence exists
259
Proof by entries in books of account
260
Qualifying the schedules
261
Defeasance
262
BAD CASE
263
Crossexamining
264
Belief at the time of the transaction
265
In general presumption
266
BLOODHOUNDS
272
Parol evidence
279
Practical location
285
CARBON COPIES
294
TENDER
298
Form of question to witness
300
Variance
307
Cogency of evidence
335
STATUTORY CHANGES
359
CHARACTER
364
CHILD BEARING
374
CONDITION OF PERSONS PLACES AND THINGS
384
CONDITION OF PLACES AND THINGS
397
CONSIDERATION
409
Seal
410
Bona fide purchaser for value
411
Effect of disproving
412
Presumption and burden of proof
415
Legal to displace recital of illegal consideration
416
Circumstantial evidence
417
Judicial notice
418
b Matters of common observation
419
Quality of work direct question
420
Direct testimony
421
Implied
422
Presumptions and burden of proof
423
Direct testimony
425
Witnesss understanding
426
Previous similar transactions
427
Res gesta
428
Writing signed by one party only
429
Declarations of agent
430
Different contract admissible under general denial
431
Ignorance of effect
432
Implications of law may not be varied by parol evidence
433
Where original is beyond the jurisdiction of the court
439
Copy of lost or destroyed will
445
Contradicting corroboration
454
Refreshing memory
460
Presumptions and burden of proof
466
Order of substitution
472
Letters of administration
473
Documentary evidence
479
Rebutting delivery by proof of a condition
486
Specific denial
493
Declarations
494
DYING DECLARATIONS
503
Right to impeach or contradict and to sustain declarant
514
EMBEZZLEMENT
520
Silence
526
FEELINGS
531
Inquiries
537
Judicial notice
543
Impeaching
549
GENUINENESS
557
GOOD FAITH
564
GRANT
570
a Acceptance of beneficial instrument or grant
575
TESTIFYING AS TO ONES OWN HANDWRITING
576
course of business
583
Having received letters
584
f Having knowledge of handwriting from family cor respondence
585
Witness prepared out of court
586
Privilege of professional relation
587
Ordinary witness cannot make comparison
588
Testing knowledge
589
b Refreshing memory on crossexamination
590
Crossexamination for purposes of contradiction
591
TESTIMONY OF EXPERTS WITH OR WITHOUT THE AID OF STAND ARDS OF COMPARISON
592
Qualification of witness
594
Experts testimony to peculiar characteristics
595
Comparison by jury or referee
611
Taking to the jury room
612
CIRCUMSTANTIAL EVIDENCE AND ADMISSIONS
617
HORSE POWER
623
Name as evidence of identity
630
ILLEGALITY
636
Cogency of evidence
642
OPINION EVIDENCE
659
MISCELLANEOUS
681
Declarations
682
Presence of defendant in lunacy proceedings
683
Belief in spiritualism witchcraft etc
684
INSOLVENCY SOLVENCY AND FINANCIAL CONDITION 1 Direct testimony
685
Accounts
686
Hearsay and general reputation
687
Presumption and burden of proof
688
INTENT
689
Right of person to testify as to his own intent
690
b Test of admissibility
691
Application of rule
692
e Weight and conclusiveness
694
b Manifested by demeanor
696
Other acts of same nature
697
Concurrence of intent
698
b Intent of testator
699
To create monopoly
700
Parol or extrinsic evidence to show
701
b Competency to show writing intended as a sham
703
As to wills generally
704
INTEREST
712
BY JURY
734
General reputation
745
Burden of proof
754
Best evidence
760
Relevancy of evidence generally
768
Cohabitation and repute
774
Presumptions and burden of proof
775
Documentary evidence
781
Parol evidence
789
In contract or deed
792
Secondary evidence of contents
798
MOVING PICTURES
806
Omitting from testimony or document
808
NECESSARIES AND NECESSITY
814
Nonobservation of witness
820
Not evidence
822
Notice to charge with fraud
840
Authentication
851
Judicial notice
855
OPINIONS
861
Reason
875
Impugning experts examination
876
Weight and conclusiveness of experts opinion
877
ORDER OF COURT 1 Copy
879
Jurisdictional facts
880
What is a court order
881
Ground
882
Parol evidence
883
Possession
884
Hearsay
886
Entries in account
887
Source of ownership
888
Continuance
889
Receipts
894
Oral evidence to vary receipt
901
Proof of correctness
907
ADMISSIBILITY OF PLEADINGS FOR PURPOSES OTHER THAN ESTAB
910
POSSIBILITY
919
Ordinary witnesses refusing to testify
924
QUALITY
930
What may be ratified
936
Cumulative testimony in rebuttal
939
Declarations and conduct
945
Material
950
SIGNS AND SIGNALS
956
Oral evidence
961
Best and secondary evidence
967
Burden of proof
972
Having in sight
973
TESTIMONY GIVEN IN FORMER PROCEEDING 1 Proof of former testimony generally
974
Deposition
977
Identity of parties and subjectmatter
978
Oath
979
Diligence in procuring deposition
980
Refreshing recollection
981
Proving by official reporters transcript
982
Proving by bill of exceptions
983
Allegation
984
TIME AND DISTANCE 1 Comparison
985
Time or distance to stop train
986
Time to get off train
987
e Time necessary for specified distance
988
h Miscellaneous matters of distance
989
Entries and record
990
General reputation
991
Conveyance by one in possession
992
Assessment roll
993
Oral evidence
994
Opinion as to marketableness
995
Refusal of others to pass
996
When competent
997
To control meaning
998
Direct testimony
999
Single witness
1000
Testimony as to knowledge
1001
VAIN THINGS The law does not require
1002
Comparison to lost article
1003
Cost
1004
Other sales
1005
Offers and refusals
1006
Consideration in deed or bill of sale
1007
Market reports
1009
Trade scale and union wages
1010
Choses in action
1011
Foreign coin
1012
Oral evidence
1013
Direct testimony
1014
One objection not waived by another
1015
Comparison
1016
Standards
1017
58
1105
ོྲ
1128
56
1134

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Sida 314 - when the relation of carrier and passenger exists, and the accident arises from some abnormal condition in the department of actual transportation; second, where the injury arises from some condition or event that is in its very nature so obviously destructive of the . safety of person or property, and is so tortious in its quality, as In the first instance, at least, to permit no inference save that of negligence on the part of the person in control of the Injurious agency.
Sida 889 - It is a well-known physiological fact that peculiarities of feature and personal traits are often transmitted from parent to child. Taken by itself, proof of such resemblance would be insufficient to establish paternity ; but it would be clearly a circumstance to be considered in connection with other facts tending to prove the issue on which the jury are to pass.
Sida 380 - Undoubtedly the existence of a separate oral agreement as to any matter on which a written contract is silent, and which is not inconsistent with its terms, may be proven by parol, if under the circumstances of the particular case it may properly be inferred that the parties did not intend the written paper to be a complete and final statement of the whole of the transaction between them.
Sida 380 - The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, if from the circumstances of the case the Court infers that the parties did not intend the document to be a complete and final statement of the whole of the transaction between them.
Sida 1010 - The value of foreign coins, as ascertained by the estimate of the director of the mint and proclaimed by the Secretary of the Treasury, is conclusive upon custom-house officers and importers.
Sida 570 - ... it is the general rule of American Opinion of the Court. law that a grant will be presumed upon proof of an adverse, exclusive and uninterrupted possession for twenty years, and that such rule will be applied as a presumptio juris et dejure, wherever, by possibility, a right may be acquired in any manner known to the law.
Sida 774 - Where there is evidence of a ceremony of marriage having been gone through, followed by the cohabitation of the parties, everything necessary for the validity of the marriage will be 'presumed, in the absence of decisive evidence to the contrary, even though it may be necessary to presume the grant of a special license.
Sida 477 - It is an established doctrine that a court of equity will treat a deed, absolute in form, as a mortgage, when it is executed as security for a loan of money. That court looks beyond the terms of the instrument to the real transaction; and when that is shown to be one of security and not of sale, it will give effect to the actual contract of the parties.
Sida 842 - ... notice by construction of law, as, where notice to an agent is notice to the principal ; if the agent comes to the knowledge of the fact, while he is concerned for the principal, and in the course of the very transaction, which becomes the subject of the suit (95).
Sida 227 - And it seems to us that the rule just referred to amounts to nothing more than saying that in some cases this intrinsic evidence may tend to prove that the alteration was made after delivery, and therefore throw the preponderance on that side, unless the holder of the instrument produces extrinsic rebutting evidence. Thus construed, we would find no special fault witli the rule. But it is incorrect to call this a presumption of law, it is simply an inference of fact drawn from evidence in the case.

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