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

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Diossy Law Book Company, 1891 - Evidence - 306 pages
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Contents

Voluminous documents
9
of deed
10
ACCORD AND SATISFAC TION 28 Toavoid
11
Entry by person since deceased Vo 30 Bankbooks
13
Mutual Accounts 40 Account rendered
14
Passbooks
15
Explanations Corrections and Discrediting 45 Accounts not exclusively the best evidence
16
Interpreting symbols
17
by expert
18
ACCOUNT STATED 53 Account rendered and not objected to
19
Reasonable time
20
Pending suit
21
City directory
22
Identifying the speaker
23
Undelivered writing
24
inunauthenticated document used
25
Admission pending compromise privileged
26
Best and secondary evidence of
32
1U8 transactions with other persons
38
to receive payment of price
44
Illegibility
54
Direct testimony
60
SEC PAGE 1 7 Principal and collateral
62
Impeachingby motive or purpose
63
BAD CASE 185 Tampering with evidence
64
Belief at the time of the transaction
65
Crossexamining on details
66
BIRTH 19 Premature or still birth
67
Direct testimony
68
Nature and usual course
69
Practice of particular house
70
08 Comparison with similar machine
71
CARE sec PAGE 214 Whether it might have been avoid
72
ed
74
General habit
75
Taking advice
76
Cause of wound or death
77
Form of question
78
exhibiting instrument
79
Direction of blow force or fluid
80
What would have been
81
Suggestion of another cause hi 231 crossexamination
82
Rebuttingsuggestion of other cause
83
Good character when competent
84
Single instances
85
Presumption Pfl 245 Passport
86
COLLATERAL ORAL AGREEMENT 248 The rule against oral evidence
87
Positive acts
88
Financial condition
89
Direct testimony
90
whatwituessobserved
91
Combining testimony of several witnesses
92
laying foundation for the evi dence
93
Official inspection
94
Use of approximate plans maps etc
95
Unexpressed willingness
96
Bona fide purchaser for value
97
Oral evidence to vary writing
98
Executory consideration
99
Circumstantial evidence
100
Opinion
101
Implied
102
Declarations of agent
103
Previous similar transaction
104
Contract made merely to influence others
105
Usage in contradiction of alleged contract
106
Fact of conversation does not let in substance
107
SEC PAGE 302 defect in authentication superseded by oath to truth of copy
108
Reason for positiveness
109
conduct of adverse party
112
accounts
113
Account not conclusive
114
concurrent intent
115
General reputation
116
Contradicting or corroborating
119
Contradicting documentary date by oral evidence
120
General report
121
from its record
122
Constructive delivery
123
Evidence of condition
125
exception in case of private unau thenticated paper
126
Reasons for refusal
127
DEPOSIT IN BANE BEC PAGE 340 Tracing
128
Bound by evidence
129
351a performance
130
expert
131
Circumstantial evidence
132
FOREIGN LAW 383 Judicial noticeby United States court
142
laws of foreign countries
143
as to construction
144
Judicial decisions
145
Contemporaneous memorandum
146
Mention to third person
147
Of bank notes
148
GOOD FAITH 403 Right to prove
149
Reason for disregard of notice 150
150
HABIT
151
Only having received communica
157
requiring to pick out genuine
163
Writing of third person
169
Comparison by jury or referee
176
HEALTH AND DISEASE
182
Name as evidence of identity
188
Presumption
194
Previous understanding
197
Direct testimony
198
JUDICIAL KNOWLEDGE 494 Aiding the court
199
Probability oi knowledge
200
Circumstantial evidence
201
Possession
202
from access or from claim
203
Newspaper contents
204
Presumptions common fact
205
LEAVE TO SUE 508 Receiver MEASURE SEC PAQE 523 Measurer 21J 524 Comparison
206
Proof of authorship
207
Letters of an agent
208
Deposit
209
MARRIAGE Mode of proving 210 MASTER AND SERVANT
210
22 Presumption of relation 2101 554 Opinion MOON 537 Almanac
213
MOTIVE AND PURPOSE 538 Direct testimony
214
Declarations
215
Hearsay
216
Of person
217
Best and secondary
218
SEC PAGE 555 Presumption of innocence
219
Lack of entry in account
220
Official act
221
NEW PROMISE 560 How proved
222
stranger
223
not received in principals busi ness
224
subagent
225
572a Lis pendens
226
Meeting
227
Question preliminary to opinion
228
Party as expert 289
229
Basis of facts lor opinion 280
230
Preponderance of evidence not neces sary
231
Reason
232
ORDER OF COURT
233
SEC PAGE 602 Ground 235
235
Impeaching
236
Hearsay
237
Entries in account
238
Continuance
239
Copy
240
Judicial notice
241
Direct testimony 2421
242
Title
243
What could have been
244
Oral evidence
245
Copy
246
QUANTITY
248
Declarations and conduct
254
Document produced on notice
260
70 Actual production
266
TESTIMONY given in for mer proceedings Rules
267
of express transit
268
time necessary for specified dis tance
269
Direct testimony
270
Assessment roll
271
TREATMENT 726 Direct testimony
272
727a To control meaning
273
Single witness
274
Testimony as to knowledge
275
Comparison to lost article
276
Consideration in deed or bill of sale
277
Foreign coin
278
Acts and declarations
279
Comparison
280
CESSITY
287
211
288
36S Direct testimonyby the person af fected 136
292
Direct testimony 151
295
direct testimony
303

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