 | Samuel March Phillipps - Evidence (Law) - 1838 - 582 pages
...by limiting and regulating the admissibility of evidence. It is the province of the Judge presiding at the trial, to decide all questions on the admissibility of evidence ; it will be for the Judge also to decide any preliminary question of fact, however intricate, the solution... | |
 | Simon Greenleaf - Evidence (Law) - 1876 - 762 pages
...the jury, is full}' and ably treated in an article in the Law Review, No. 3, for May, 1845, p. 27-44. [It is the province of the judge who presides at the...to determine the other question of admissibility. And his decision is conclusive, unless he saves the question for revision by the full court, on a report... | |
 | William J. Henry, William Logan Harris - Ecclesiastical law - 1879 - 534 pages
...also to decide any preliminary question of fact, however intricate or complicated the question may be, the solution of which may be necessary to enable him to determine the legal question of admissibility. Whether there be any evidence or not, is a question for the judge... | |
 | Simon Greenleaf, Simon Greenleaf Croswell - Evidence (Law) - 1888 - 856 pages
...Common Law, Lecture III. and post, vol. ii. § 222, note (a), p. 217, and § 230, note (a), p. 226. (a) It is the province of the judge who presides at the...necessary to enable him to determine the other question of adraissibility. And his decision is conclusive, unless he saves the question for revision by the full... | |
 | Simon Greenleaf - Evidence (Law) - 1892 - 888 pages
...Law, Lecture III. and post, vol. it | 222, note (a), p. 217, and § 230, note (a), p. 226. (/) It U the province of the judge who presides at the trial...admissibility of evidence. It is also his province to decide apy preliminary questions of fact, however intricate, the solution of which may be necessary to enable... | |
 | Robert Campbell - Annotations and citations (Law) - 1897 - 754 pages
...discretion, take the opinion of the jury upon them." Commonwealth v. Gray, 129 Massachusetts, 474. "It is the province of the Judge who presides at the...questions of fact, however intricate, the solution ot which may be necessary to enable him to determine the other questions of admissibility. And his... | |
 | James Bradley Thayer - Evidence (Law) - 1898 - 680 pages
...that if they find that the usage, custom, understanding, or practice of merchants is so and so, then the solution of which may be necessary to enable him to determine the other question of admissibility " (and so Bartlett c. Smith, 11 M. & W. 483), — compare a more or less common judicial practice of... | |
 | James Bradley Thayer - Evidence (Law) - 1898 - 680 pages
...s. 486. • With the rnle correctly laid down in Gorton v. Hadsell, 9 Cashing, 511, hy Metcalf, J. : "It is the province of the judge who presides at the trial to decide all questions as to the admissihility of evidence. It is also his province to decide any preliminary question of... | |
 | James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...admit secondary evidence of its contents. KOLFE, B. concurred. Rule absolute for a, new trial. 1 1 " It is the province of the judge who presides at the...It is also his province to decide any preliminary qnestitms of fact, however intricate, the solution of which may be necessary to enable him to determine... | |
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It is the province of the judge, who presides at the trial, to decide all questions on the admissibility of evidence. It is also his province to decide any preliminary questions of fact, however intricate, the solution of which may be necessary to enable... 
