A Treatise on the Law of Evidence, Volume 1

Front Cover
R. Welsh, 1897 - Evidence (Law)
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Contents

Ancient deeds and wills
31
Estoppel of tenant
38
Succession to estates 29
44
Presumption of innocence 35
51
Gibson 2 Campb 555 En liah 443
58
Presumptions arising from the course of business of a public oflice 40
62
Presumptions in regard to conveyances between private individuals 46
69
Rules in regard to production of evidence 50
78
Exclusion of collateral facts 52
81
Substitution oforal for written evidence
85
Vhen character is in issue 55
88
It is suflicient if the substance of the issue be proved 56
94
Abatement Infancy
97
Avariance 63
100
Where the subject is entire 68
106
Kelso 1 Bnxt 5 Tenn p 697
108
Distinctions in regard to prescriptions 72
112
Unliquidated damages 76
118
Exceptions to general rule 78
125
Exceptions to hearsay rule classified
127
Primary evidence secondary evidence 84
131
Lismola
135
Substitution of oral for written evidence 86
136
Covenant Replevin
142
When oral evidence maybesubstituted for written evidence 90
143
Wheeler 78 Ala 171 Ala
144
Exceptions 97
151
Prudent action good faith etc
160
Familyconduct 106
171
Narratives of a past occurrence
179
Foundation for rule in regard to declarations of the agent 114
189
Book entries by persons since deceased
196
Clay I R 9 Eq 215 Irish 118
198
Entries made by clerks and third persons 120
202
General rule rejecting all hearsay reports 124
208
Reputation in regard to particular facts
224
The documents must come fromthe proper custody
230
Perambulation 146
236
Books of account etc
242
OF WITNESSES AND THE MEANS OF PROCURING THEIR
245
Agents stewards receivers
248
General remarks 306
252
Deceased must have been competent to testify 159
257
Testimony of deceased given in a former action 163
265
How an interest subsequently acquired affects the admission of a witness
271
Definition of admission 170
277
Rateable inhabitantsQuasi corporations 175
285
Alice The 12 Fed R08 924 U
286
Admissions of third persons when receivable 181
292
Admissions of a principal as against a surety 187
301
Time and without prejudice 192
307
Admissions implied from conduct
313
Admissionsimplied from acquiescence 197
314
Whole admission is taken together 201
320
Judicial admissions 205
327
Pecuniary corporations and charitable corporations distinguished
333
Truth or falsity of the admission unimportant 208
334
Deliberate confessions of guilt 215
341
Confessions must be voluntary 219
351
Manner of examination n 225
362
Eflect of confessions of others 233
369
Foundation for this rule 238
373
Attorney need not produce title deedsConveyancer
381
What disclosures an attorney can be compelled to make 245
390
Testimony of traverse jurors 252a
397
Himband and wife 334
399
Perjury 257
404
How far parol evidence is admissible in regard to a will 290
460
Usage 292
466
Righttoreexamine _
467
Reasons for admitting parol evidence to explain written documents 295a
474
Patent ambiguity defined 300
481
Description true in part only 301
489
Oral evidence defined 308
500
Manner of service of a subpoena 315
506
Officecopyofarecord
507
Sick witnessesVitnesses residing outside of the jurisdiction 320
514
CHAPTER II
520
At common law parties to record in jury trials need not give evidence
526
Extended to all cases involving the interests of the other party 335
533
Time that relation of husband and wife commenced 336
542
Rule extends only to lawful marriage 339
548
Exceptions to general rule 343
555
Exceptions to general ruleOath in litem 348
562
Actions on torts 357
569
In criminal prosecutions 362
575
Children 367
581
Witnesses to be sworn according to the peculiar ceremonies of their
588
Extent and effect of the disability 374
599
Pard0nrulelimited 378
605
Informers 382
612
Damages Sheriff
617
Interest must be real 387
618
Where adverse judgment will render witness liable 393
624
Vhere direct eflect of judgment will create a legal claim against witness 395
632
Interest in the record 404
638
Illustrations 409
645
Exception in Q 416 does not extend to facts out of the ordinary course
652
Equal interest 420
658
Person by whom release should be given 427
667
CHAPTER III
704
Me 521
713
Classes of cases where memory may be refreshed by writings 437
715
R R Co 7 Utah 242 440
719
Opinions not receivable on legal or moral questions 441
723
Right to crossexamine 445
731
Collateral facts in crossexamination 449
737
Vhen witnws need not answer 451
744
Answers which disgrace but do not affect credit of the testimony 458
750
Statements out of court contrary to testimony 462
758
Crossexamination as to contents of a letter 463
764
Evidenceasto general character for truth 469
770
Inspection of books of public oflices 475
776
Otficial registers 483
783
Laws of sister States 489
791
Oflicial registers 493
798
Proof of record by copy under seal 503
804
Proof of records by an examined copy 508
809
Authentication of foreign judgments 514
815
Admissibility and efiect of records 522
821
Vhen the judgment is a bar 529
828
Effect of a former recovery in successive different actions in tort 533
834
Rundlc 45 Conn 536 Conn 275
847
Complete mutuality not required in regard to depositions 553
856
CHAPTER VI
862
Production of instrument in hands of adverse party 560
868
Alteration of legal instruments 565
874
Alterations by mutual consent _ 568a
882
Party being unable to adduce witn esses 572
891
Personal knowledge rule relaxed 578
898
Vhen secondary evidence is admissible 582
904
Corporators 3
906
__ mi
915
Danger of impending death replaces oath 157
917

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