A Digest of the Law of Evidence: With Additional Text, Notes and Illustrations Applicable in the Western States, and with Digest Paragraphs from All Important Decisions on the Law of Evidence in Arizona, Arkansas, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington and Wyoming
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accused action acts admissible admissible to show admitted agent alleged appears Arkansas authority Bank California cause certified character charged circumstances City claim Colo Colorado common competent conclusive condition confession contents contract copy court crime death deceased Declarations deed deemed defendant document effect establish Estate evidence examination execution existence expert fact give given Illustrations inadmissible injuries intent interest issue judgment judicial jury Kansas knowledge land letter matter means Mont Montana murder nature Nebraska notice offered Oklahoma opinion Oregon original parol party person plaintiff possession proceedings produce proof prosecution prove question reasonable received record relation relevant render reputation rule shown similar South Dakota statement statute sufficient suit tending testify testimony Texas tion transaction trial Utah Wash Washington wife Wigmore witness writing written
Page 614 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 788 - ... be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other.
Page 365 - ... right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified.
Page 882 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 604 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Page 882 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact, make it ; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not ho has made such statement.
Page 765 - ... the master or other person signing the same, notwithstanding that such goods, or some part thereof, may not have been so shipped, unless such holder of the bill of lading shall have had actual notice, at the time of receiving the same, that the goods had not been in fact laden on board...
Page 793 - No husband shall be compellable to disclose any communication made to him by his wife during the marriage, and no wife shall be compellable to disclose any communication made to her by her husband during the marriage, . . 3 So much of section 1 of 6 & 7 Vic., cap.
Page 764 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...