A Treatise on the Law of Evidence: Being a Consideration of the Nature and General Principles of Evidence, the Instruments of Evidence and the Rules Governing the Production, Delivery and Use of Evidence, ...

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Bobbs-Merrill, 1904 - Evidence (Law).
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Contents

LEADING QUESTIONS
126
Courts discretion 851 Whether or not on crossexam
132
CROSSEXAMINATION
136
CHAPTER XXXIX
139
Where witness is an employe 965 Question of credibility is
172
Sec
174
Illustrations 936 Reexamination by repetition
195
CHAPTER XLIII
204
CHAPTER XLIV
210
Where witness is a partyIn deposition
220
CHAPTER XLV
229
Impeachment by proof of bad ness
245
CORROBORATION
265
Sec
281
INTERPRETERS
302
CHAPTER L
324
derstand matters pertaining to their own business or pro
327
Accountants and actuaries
328
Architects
329
Bankers 1056 Builders
330
Carpenters
331
Chemists
332
EngineersCivil
333
EngineersOther than civil
334
Farmers
336
Gardeners
337
Horsemen and Breeders
338
Lawyers
339
Lumbermen 1066 Machinists
340
Masons
341
Merchants and manufacturers 1069 Millers and millwrights
342
Miners
343
Nautical
344
Photographers
345
Railroad
346
Surveyors 1075 Veterinary surgeons
347
Well diggers and drivers 1077 Miscellaneous
349
CHAPTER LI
354
Subjects of expert testimony of medical
356
Opinions as to disease 1082 Opinions as to suffering and pain
358
Opinions as to mental condi tion 1084 Opinions as to physical con dition 1085 Opinions as to wounds
359
Opinions as to cause of in jury Sec 1087 Opinions as to cause of death
361
Opinions as to effect of injur ies 1089 Opinions as to effect of medi cine or treatment
362
Opinions as to poisons and blood stains
363
Opinions as to insanity
364
Opinions as to sexual inter course 1093 Opinions as to the probability of recovery 1094 Opinions as to position or dis tance in case of a wound or inj...
366
Miscellaneous
369
SUBJECTS OF EXPERT OPINION
371
CHAPTER LIII
390
Must be evidence to support
397
When deposition admissible 1188 Refreshing memory from
406
Meaning of term 1148 Grounds for taking deposi
415
Who may take depositions 1156 NoticeAs to time
422
Who may take depositions 1165 The caption
429
When depositions admissible commissioner
434
When used in another action 1199 Depositions by interrogatories
445
CHAPTER LV
459
Documents of semipublic na ture
524
Recitals in private statutes
525
Recitals in public documents Effect as evidence
527
Recitals in private writings
528
CHAPTER LXII
529
Journals of congress and the legislatures
530
SameConflicting records
531
State statutes
533
Executive and legislative documentsIllustrations
534
State papers
535
ADMISSIBILITY OF RECORDSPARTICULAR INSTANCES Sec 1285 Alcaldes assessors and au ditors records
537
Births marriages parish rec ords
538
Board of health records 1288 Census records 1289 Clerks records
540
Committees reports 1291 Coroners records 1292 Corporation books
541
Custom house records 1294 Elections 1295 Highway records
542
Hospital and similar records Sec 1297 Land office records 1298 Letters patent 1299 Log books
543
Maps and plats 1301 Marine books and records
544
Market reports 1303 Military records
545
Municipal records
546
Officers 1306 Post office records
547
Price lists 1308 Prison records 1309 School records 1310 Sheriffs records
548
CHAPTER LXIV
553
Grounds of admissibility 1328 Custody of instrumentAs
566
AUTHENTICATION AND EXEMPLIFICATION OF DOCUMENTS
572
Foreign deeds and mortgages copies
581
Admissibility depends on au 1356 Deputy officerPower to cer
589
Records of chancery courts courtsAuthentication
597
CHAPTER LXVII
611
Common law rule 1401 DocumentsBooks
619
Sec
680
Accounting for the original cou rtDisc reti
687
LossExtent of proof re 1459 Search
695
SearchIn probable place Insufficient
699
LOST INSTRUMENTS PROOF OF CONTENTS
710
Meaning of term 736 Husband and wifeOne a
723
CHAPTER LXXII
725
Rule where interest is volun 739 Other classes of persons held
729
Husband and wifeRendered 747 Assignment of interest
735
CHAPTER LXXIII
756
Want of religious beliefAthe The rule
776
PRACTICAL SUGGESTIONS
784
Apparent crossexamination tions
792
Witness must be sworn 818 Indecent evidence
805
Control by the courtIn gen ty himself
811
Reason for the rule 860 Illustrations of writings per
856
Whether memorandum must 871 Crossexamination as to writ
862
When memorandum need not 879 Refreshing and strengthening
868
Grounds for taking deposi In case of death
873
Examination causelessly pro In general
877
Objections must be specific 887 Time of making offer
882
Meaning of term 912 When makes adverse witness
892
Witness called solely to prove accord
898
Leading questions ject matter
904
Where party becomes witness res gestae
910
Meaning of term 955 Where witness is hesitating
950
Illustrations of the rule 1009 Effect claiming privilege
1002
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Page 575 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, 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, that the said attestation is in due form.
Page 576 - If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court who shall certify under his hand and the seal of his office that the said presiding justice is duly commissioned and qualified, or, if given by such governor, secretary, chancellor or keeper of the great seal, it shall be under the...
Page 376 - Comparison of a disputed Writing with any Writing proved to the Satisfaction of the Court to be genuine shall be permitted to be made by Witnesses ; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness, or otherwise, of the Writing in dispute.
Page 445 - Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commission as hereinbefore provided.
Page 444 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 445 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Page 522 - War is also required to provide, in the system of observations and reports in charge of the chief signal officer of the army, for such stations, reports and signals as may be found necessary for the benefit of agriculture and commercial interests...
Page 641 - A rule had been obtained calling on the defendant to shew cause why an information in the nature of a quo warranto should not be exhibited against...
Page 575 - And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken.
Page 798 - The difficulty of inducing witnesses to restrain within any moderate limits the intermixture of their inferences with the narrative of their perceptions, is well known to experienced cross-examiners ; and still more is this the case when ignorant persons attempt to describe any natural phenomenon. "The simplest narrative...

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