Commentaries on the Law of Evidence in Civil Cases, Volume 1

Sampul Depan
Bancroft-Whitney, 1913
 

Isi

Demonstrative and Moral Evidence
24
BURDEN OF PROOF
27
Direct and Circumstantial Evidence
34
6e Circumstantial EvidenceRelation to Testimonial Evidence
42
REAL EVIDENCE
44
8d Other Descriptive TermsConclusive Evidence
48
S 9a Presumptions and InferencesDistinctions
52
Presumptions That Documents have Been Duly Executed
53
12c Presumption of InnocenceIts Claim as a Constitutional Right
95
Same As Applied to the Marriage Relation
101
Same As Applied to Negligence
107
Presumptions Arising from the Spoliation or Fabrication or Suppression
114
Presumptions from Withholding Evidence
120
19a SameRefusal to Permit Corporal Inspection
127
SameEffect of the Presumption on the Burden and Degree of Proof
135
655a SameDepositions Under Acts of Congress 655b Time for Testimony
144
23a SameLimitations of the Rule
145
Parties Presumed to Know the Legal Effect of Their Contracts
154
Presumption That Men Know the Consequences of Their Own ActsIn
162
Presumptions as to MaliceIn Criminal Cases
169
Burden of ProofDefinitionOn Whom Does It
176
SameShifting of the Burden
177
SameForm of Pleadings 1
179
How Affected by Form of IssueWhether Affirmative or Negative
180
Regularity of Judicial ProceedingsJurisdiction
181
Actions Against Common CarriersOf Goods
182
182a SameTelegraph Companies 183 Actions Against Common CarriersOf Passengers
183
183a Actions Against Common CarriersBy Others Than Passengers 183b Actions Against Common CarriersIn Respect to Livestock 184 Other Actio...
184
184a SameSetting of Fires etc 185 Contributory Negligence
185
Burden in Cases of BailmentOrdinary BaileesWarehousemen
186
Limitations of the RuleService by Publication
187
InsanityCivil Cases
188
188a InsanityCriminal Cases 189 Burden in Probate of WillsTestamentary Incapacity
189
Burden of Proof as Between Persons in a Fiduciary Relation
190
SameIn Respect to WillsWritten by or for Beneficiary
191
Burden as to CrimesFraud
192
Regularity of Proceedings Subsequent to Gaining Jurisdiction
193
Burden as to Statutes of Limitation
194
Burden and Weight of Proof Where Crime is in Issue in Civil Cases
195
Statutes as to Burden of Proof
196
The Right to Begin and Reply
197
Same Continued
198
Rule as to Best Evidence
199
Primary and Secondary Evidence
200
SamePrivate Writings
201
201a SameIllustrations 202 The Rule Does not Exclude Evidence Unless Objection is Made
202
SameCourts of Probate
203
203a SameIllustrations 204 SameCorporate Acts
204
204a SameIllustrations 205 Appointment and Acts of Public Officers
205
205a SameIllustrations 205b Writings Practically Incapable of Production 205c SamePublic RecordsStatutesBooks of Corporations 206 Multiplicity...
206
Parol Proof of Admissions of Selfharming Evidence Concerning Writ ingEnglish Rule
207
SameRule in the United States
208
Same Collateral and Direct Proceedings
209
The General Rule as Applied to TelegramsMode of Proof
210
Communications by Telephone
211
Proof of Lost Instruments
212
SameDiligence Necessary Before Secondary Evidence is Allowed
213
Same Further Illustrations
214
Importance of Documents as Affecting Diligence
215
215a SameTime of Search 216 Competency of Witnesses to Prove LossHearsay Admissions Affidavit
216
Same
217
217a Documents of Which Production cannot be Compelled 217b Destruction of DocumentsAbstraction to Prevent Production 218 Effect of Notic...
218
Object of Notice to ProduceTime of Giving
219
219a SameIllustrations 220 Efficacy and Requisites of Notice
220
Notice to ProduceOn Whom Served
221
Effect of Nonproduction After Notice
222
When Notice to Produce is not Necessary
223
Same Continued
224
DuplicatesRecorded Deeds
225
Effect of the Production of Papers upon Notice
226
SameNot Restricted to Official Appointments
227
227 Proof of the Contents of Lost Documents
227
Degrees of Secondary Evidence
228
Same Cases Illustrating the American RuleThe Admissibility of Circumstantial Evidence Thereunder
229
SameParol Evidence not Allowed When the Law Requires Copies
230
SameActs of Municipal Officers
232
47a SameCriminal Cases
238
49b SameBank Notes
244
DEPOSITIONS IN STATE COURTS
249
Admissions After Dissolution of Partnership
250
SameEffect of Such Declarations
256
Admissions by Attorneys
257
257a SameIllustrations of Efficiency of Admissions 258 SameCasual StatementsInformal Admissions
258
SameDifferent Actions or Trials
259
Admissions of Husband and Wife
260
SamePower to Make AdmissionsHow Inferred
261
SameIn Actions for Divorce
262
Admissions by Persons Referred to for Information
263
Effect of Consenting to Pay on Condition an Affidavit is Made
264
Admissions by Interpreters
265
Declarations of Persons Acting in a Representative Capacity
266
Admissions by Public Corporations
267
Admissions by Private Corporations
268
Written Admissions Letters and Telegrams
269
Other Written Admissions
270
270a SameCorporate Records 271 SamePartnership Books
271
271a SameOrdinary Account Books 272 Admissions in Pleadings
272
Same Continued
273
Admissions in PleadingsWhen Conclusive
274
Estoppel by ConductIllustrations
275
SameCorporationsIllustrations
276
276a SameCopartnersHusband and Wife 277 SameWhen Admissions are in Good Faith and by MistakeKnowl edge of Facts
277
SameErection of ImprovementsBoundary Lines
278
SameWant of Knowledge by Injured PartyThe Act must be Calculated to Mislead and must Actually Mislead
279
Who may Claim Benefit of Estoppel
280
281 Estoppel by Deed
281
SameHow Rebutted
282
Presumptions as to Continuance of the Existing State of Things
283
As Between Landlord and Tenant
284
200a Application of the RuleIllustrations
285
Acceptance of Bills of Exchange
286
Admissions Implied by Conduct
287
SameRepairing Defective Machinery or Highways
288
Admissions may be Implied from Silence
289
58f SameAs to DomicileResidence or Nonresidence
290
Offers of Compromise
291
Effect of Paying Money into CourtTender
292
The Whole Statement or Admission to be Received
293
SameWritten Admissions
294
Proof and Weight of Admissions
295
Same Continued
296
DefinitionHearsay EvidenceReasons for Its ExclusionWhere not Objected toMode of Exclusion
297
Presumptions of Continuance of Life
298
Hearsay may Include Things Stated Under Oath or Against Interest
299
Statements Apparently Hearsay may be Original Evidence
300
Matters of Public and General Interest
301
Distinction Between the Public and Merely General Rights
302
Reputation as to Private Boundaries Excluded in England
303
Relaxation of the Rule in the United States
304
Declarations as to Particular Facts Concerning Private Boundaries not Admissible
305
Declarations of Surveyors and Chainmen
306
61a SameAmerican Development of the Presumption
307
Ancient Documents in Support of Ancient PossessionEffect of Re citalsCustody
308
308a SameCopies of Ancient Documents 309 SameDocuments to Come from the Proper Custody
309
Declarations must have Been Made Before the Controversy Arose
310
SameMeaning of the RuleLis Mota
311
Declarations as to PedigreeReason for the Exception
312
SameDeclarants RelationshipHow ProvedParticular Facts
313
Are the Declarations Limited to Cases Where Pedigree is the Direct Subject of the Suit
314
64a Presumption of Survivorship in Common DisasterAt Common
315
SameFamily Recognition of Writings and Records
316
Weight of Such Testimony
317
Declarations Only Admissible if Declarant Dead or Unavailable
318
Presumption of Payment from Lapse of Time Origin Nature
319
SamePrinciple Extended to Declarations by Persons Still Living
320
Recollection of the Fact by the Person Making the Entry
321
Entries by a Party Himself
322
Declarations of Deceased Persons Against InterestIn General AbsenteesThose Physically or Mentally Incapacitated
323
SameThe Declaration must be Against Pecuniary or Proprietary
324
Lapse of Time not a Bar but Evidence to Raise the Presumption
325
SameEvidence of Collateral Facts
326
Rule When the Declaration is Made by an Agent
327
Declarant Need not have Actual Knowledge of the Transaction
328
328a Absence of Probable Motive to Falsify 329 Such Declarations Inadmissible to Prove Contracts
329
General Rules on the Subject
330
Dying Declarations
331
The PresumptionHow Rebutted
332
Declarant must have Been Competent to Testify
333
Declarations must be Confined to the Homicide
334
Form of the DeclarationGeneral Rules
335
Evidence of Witnesses Given in Former Action or on Former Trial
336
Exact Identity of the Parties not Necessary
337
7Ca SamePossession by Debtor of Evidence of His Debt
338
Form of Proceeding may be Different
339
The Opportunity of Crossexamination on the Former Trial
340
Death of the Former WitnessRelaxation of the Rule
341
341a SamePhysical Mental or Legal Incapacity of the Former Witness 342 SameAbsence from StateAbsence Through Contrivance of Oppo site Part...
342
342a Same Continued 342b SameIn Criminal Cases 343 Mode of Proving Former TestimonyRefreshing Memory
343
Res GestaeMeaning of the TermIllustrations
344
Mere Narrations not Admissible
345
Settlement Presumed from Accepting Note of Debtor
346
Time Through Which Res Gestae may Extend
347
The Statements or Acts must be Part of a Transaction
348
Declarations as to Bodily Feelings
349
349a Same Continued 350 Declarations Showing Motive or Intent
350
Declarations by Possessor of Personal Property
351
73b SameIndorsement of CreditsNew Note for
352
SamePossession must be Shown
353
Declarations Proper to Show Character of PossessionNot to
354
356b Prerequisites to Admission of Such Declarations 357 Declarations by Agents of Corporations
357
General Rule and Summary of the Chapter
358
74a SamePossession of a Subordinate
359
Exceptions to the General RuleOpinions of Ordinary Witnesses
360
SameIdentity
361
SameSpeed of Railroad TrainsOf AutomobilesOf Horses
362
SameValues
363
SameSanity
364
Same As to Sanity in Will Cases
365
SameIn GeneralConclusion
366
Presumptions as to Grants and Other Sources of Title
367
SameProof of Qualification of Experts
368
SameA Preliminary Question for the Court
369
Mode of ExaminationHypothetical Questions
370
Hypothetical Questions to be Based upon Proof
371
The Expert not to Decide Questions of Fact
372
Presumption not Superseded by Statutes of Limitation
373
Opinions Based upon Testimony Heard or Read by the Expert
374
375 Opinions Based upon Personal Knowledge
375
Opinions Based upon HearsayConclusions of Law
376
Form of Hypothetical Questions
377
Physicians and Surgeons
378
Nature of the Possession RequiredWhere Possession Supported
379
stroy Record Title
380
Expert Testimony as to Railroads and Their Management
381
Experts in Agriculture
382
383 Experts in Insurance Matters
383
Illustrations of Expert Testimony by Surveyors and Engineers
384
The Presumption How Rebutted
385
Miscellaneous Illustrations
386
Expert Testimony as to Values
387
Opinions as to Amount of Damages
388
Crossexamination of ExpertsLatitude Allowed
389
Infirmity of Expert Testimony
390
Presumption as to the Law of Sister States
391
Expert TestimonyWhen Valuable
392
Real EvidenceIn General
393
Same The Ancient Practice
394
Inspection Other Than by the Court or Jury
395
Inspection of Person in Personal Injury Cases
396
Same Continued
397
Inspection by the JuryPersonal Injury Cases
398
Same SubjectForeign
399
Inspection of Person and Articles in Criminal Cases
400
Inspection as Proof of ResemblanceRaceAge
401
Effect of Nonproduction of Real Evidence
402
Experiments and Tests in the Presence of the Jury
403
ViewThe Former Practice
404
Statutes Regulating View
405
View Discretionary
406
When View may be Granted
407
Presumptions as to MarriageDe Facto Marriages
409
Experiments Out of Court
410
ModelsDiagramsPhotographs
411
Grounds on Which Evidence is Excluded by Statute of Frauds
412
As to the Creation and Conveyance of Interests in Land
413
413c Agreements in Consideration of Marriage 414 The Statute as Affecting Leases
414
Proof of Surrender or Assignment of Interests in Land
415
Surrender by Operation of
416
88 Presumption of Marriage in Civil Issues
417
TrustsHow ProvedNeed not be Created by Writing
418
The Trust to be Proved by Writing
419
Exception as to Resulting Trusts
420
Same Continued
421
SameMode of Proving the TrustAmount of Evidence
422
Statutes Limiting Resulting Trusts
423
SameObject of the StatuteWhat Law Governs
424
425 Proof of Trusts Between Those Holding Fiduciary Relations
425
WillsProcuring Devise by Fraud
426
Proof of GuarantyNovationExecutors and Administrators
427
Sale of Goods
428
What the Memorandum is to Contain
429
Same Continued
430
Subsequent Modification by ParolFraudMistake
431
ReformationPart PerformanceHow Proved
432
SameOriginal Agreement must be Proved
433
Parol Evidence Inadmissible to Vary Written InstrumentsReasons for the Rule
434
The Rule Does not Prevent Proof of FraudSealed and Unsealed Instruments
435
No Presumption Arising from Illicit Cohabitation
436
As to Mistakes of FactReformation of Contract
437
437a As to Mistakes in Law 438 Mistakes as to Dates
438
Proof of Independent or Collateral ContractsSubject Matter Thereof
439
Parol Evidence When the Writing is Incomplete
440
Sales of Personal Property
441
Parol Proof of Subsequent Agreement
442
Same As to Specialties
443
Subsequent Agreement as to Contracts Within the Statute of Frauds
444
SameTendency of Decisions in the United States
445
To Show That Instruments Apparently Absolute are Only Securities
446
SameReal Intention of the Parties to be Ascertained
447
Not Limited to Deeds and Mortgages
448
Rule as to Parol Evidence not Applicable to Strangers to the In strument
449
Same SubjectNature and Limits of the Presumption
450
SameUse of PropertyIdentifying Parties
451
SameFurther IllustrationsGeneral Rule
452
Proof of Surrounding Facts
453
Such Evidence Only Received When the Language is of Doubtful Import
454
Proof of Meaning of Words
455
SameIntentionMeaning of Words and Phrases
456
457 Usages of Trade
457
SamePrincipal and Agent
458
Proof of UsageBills of LadingInsurance
459
SameContracts for Services
460
Proof of Custom Between Landlord and TenantOther Contracts
461
General Requisites of UsagesMust be Reasonable
462
The Usage must be an Established
463
The Usage must be Known
464
The Usage Must be Consistent With the Contract
465
Proof That the Usage is General Uniform and Certain Continuous and Obligatory Peaceable
466
To Admit Parol Proof the Usage must be Lawful
467
Parol Evidence as to Consideration
468
Proof of Consideration in Deeds
469
SameIn Cases of Fraud
470
Parol Proof as to Execution and DeliverySuspension of Operation
471
Parol Proof of Latent Ambiguities
472
Parol Evidence not Allowed in Case of Patent Ambiguities
473
Patent AmbiguityThe True RuleHow AscertainedInaccuracies
474
Parol Evidence as to WillsIn General
475
WillsParol Evidence to Identify Property
476
WillsEvidence to Identify Devisee or Legatee
477
The Rule Where the Description is More Applicable to One Subject or Person Than Another
478
WillsMeaning of Words and TermsProof in Case of Lateut AmbiguityDeclarations of Testator
479
Where There is No Latent Ambiguity Declarations of Testator Re jectedWhere Doubt as to Nature of Instrument Whether Testa mentary or
480
Proof of Declarations of TestatorTime of Making
481
Same To Show Mental Conditions
482
SameDeclarationsHow Limited
483
Parol Proof of Declarations as to RevocationLost Wills
484
Parol Evidence to Explain DeedsLatent Ambiguities
485
Parol Evidence Inadmissible to Prove Reservation
486
Parol Evidence as to Warranties
487
Same Continued
488
As to Deficiency of Land in Deeds
489
Parol Proof as to Acknowledgments
490
Parol Evidence to Explain Receipts
491
Effect of Receipts When not Explained
492
InnocenceSanityWeight of Conflicting Presumptions
493
Parol Evidence as to Bills and Notes
494
Qualifications of the General Rule as Applied to Negotiable Paper
495
Indorsements on Negotiable Paper
496
SameQualifications
497
Bills of LadingContractual StipulationsReceipts
498
General Rules as to Presumptions
499
Documentary EvidenceDefinitions
500
Proof of Statutes of the State
501
Proof of Foreign LawsUnwritten
502
Same Continued
503
Proof of the Laws of Sister StatesStatutes
504
Meaning of the Term
505
Same Continued
505
SameProof of the Unwritten
506
Proof of Acts of StateProclamationsLegislative Journals
507
Official RegistersBooks of Public Officers
508
Proof of Facts Contained in Officia Registers
509
Registers of Marriage Birth and Death
510
Existence of Domestic Governments
511
Ship Registers
512
Logbooks as Evidence
513
Records of Municipal Corporations
514
SameHow Authenticated and Proved
515
107a SameFlagsSeals of StateForeign
516
516a SameOpinions of Textwriters on Corporations 517 SameIn Actions on Stock Subscriptions and Other Actions
517
Same As AdmissionsAs Accountbooks
518
Recording ActsConveyancesDocuments Recorded When Admissible
519
SameRequisitesCertificates of AcknowledgmentDefects
520
Defective RecordsEvidence for Some Purposes
521
Public DocumentsProvable by CopiesRecords of Private Corpora tions
522
108c SameCities and Towns
523
SamePossession of PropertyOffice Bonds
532
Best Evidence After Nonproduction of Subscribing Witnesses
533
SameVariations in Order of ProofRebuttal of Suspicious Cir cumstances
534
SameSubstitutes for Proof of HandwritingPresumption from Proof of Handwriting not Conclusive
535
Mode of Proving Execution by Subscribing Witnesses
536
Statutes Affecting Proof of DocumentsRecording Acts
537
112b SameConstitution and Statutes of the State
538
SameDepartment RecordsFederal Statutes
539
Proof of Records of Public DepartmentsCopies
540
SameEffect of These Statutes
541
SameCertificates
542
Mere Certificates not Evidence
543
Exceptions to the Rule That Mere Certificates are not Evidence
544
Proof of HandwritingWriter Need not be Called
545
Bank and Railway Charters
546
Knowledge of Handwriting may be Gained by Correspondence
547
Such Knowledge may be Gained in the Course of BusinessOfficial and Otherwise
548
549 Value of the TestimonyHow Affected by the Means of Knowledge
549
Use of Writing Written for Comparison at the Trial
550
Ordinances and Other Acts of Municipal Bodies
551
SameConflicting Views in United States
552
Comparison of Simulated SignaturesProof of Identity
553
ExceptionsAllowing Comparison of Hands
554
Writings Used for Comparison must be Shown to be Genuine
555
Proof of HandwritingExpert Evidence
556
Effect of Alteration of InstrumentsWhat Constitutes Alteration
557
Same Rule Although the Change is to the Disadvantage of the Wrong doer
558
Immaterial alterationsConflicting views
559
Test of the Materiality of the Alteration
560
By Whom and When MadeImplied Consent to AlterationBlanks
561
Unauthorized Filling of BlanksDeeds
562
Presumptions in Case of AlterationEnglish Rule
563
SameConflicting Views in the United States
564
Question of Alteration is for the Jury
565
Fraudulent IntentAlteration of Negotiable Paper
566
Character and Existence of Statutes a Question for the Court
567
SameStatutesOf What Transactions Books are Evidence
568
Books Should be Those of Original Entry
569
Form of Books of Account
570
Books are to be Those Used in the Course of BusinessMode of Making the Entries
571
Time of Making the Entries
572
Suppletory Oath
573
Accountbooks not Evidence of Collateral Facts
574
Federal CourtsState Statutes
575
SameDefects in Books as Affecting Admissibility and Weight
576
Impeachment of Books of AccountThey must be Produced in Court
577
Scientific Books
578
Use of Scientific Books in the Examination of Experts
579
Reading from Scientific Books in Argument to the Jury
580
Admissibility of Photographs
581
NewspapersWhen Admissible
582
The Unwritten
583
Admissibility of Facts in Histories
584
Effect of JudgmentsGeneral Rule
585
As to What Persons Judgments are Conclusive
586
Effect of Judgments on Persons in Privity With Each Other
587
Admissibility of Judgments as Against Strangers
588
Customs and Modes of Business
589
Judgments Admissible Against Third Persons for Incidental Pur poses
590
Declarations as to Boundary Lines 356 Declarations of Agents 356a SameFurther Illustrations
591
591a Judgments Against Sureties in Action Against Their Principals 592 SameOther Classes of Bonds
592
JudgmentsWhen Admissible as Against Third Persons Who are Liable to Make Indemnity
593
Judgment must be Final
594
Finality of JudgmentsMust be on the Merits
595
Effect of Nonsuit or Discontinuance or Appeal
596
Conclusive Only as to Matters in Issue
597
124a SameTerms
598
598a Established Rules for the Administration of Estoppel by Judgment 599 Extrinsic Evidence to Identify the Issue
599
Same Continued
600
Proof That Issues are the SameBurden
601
Effect of Judgment Where Cause of Action is Different
602
Effect of JudgmentGeneral Issue
603
Matters Which Might have Been Litigated in a Former Suit
604
Same Continued
605
Matters of HistoryIndians and Their Settlements
606
SameJudgment of Divorce
607
Same Continued
608
Judgments in ProbateConclusive Effect ofProof of Death
609
SameJurisdiction
610
Collateral Proof to Show Want of Jurisdiction
611
Silence of the RecordContrary ViewsQualifications of General Rule
612
Inferior CourtsJurisdiction to Appear on Record
613
Merits of Foreign JudgmentsNot Open to Inquiry
614
127b DistancesModes of TravelPopulation
615
Foreign JudgmentsMay be Impeached for Fraud or Want of Juris dictionAs Res Judicata
616
Judgments of Sister StatesWant of Jurisdiction may be Shown
617
SameRegularity PresumedProof of Fraud
618
Domestic Judgments not Impeachable by Parties for Fraud
619
620 JudgmentsHow ProvedShould be Complete
620
Proof of Parts of RecordVerdict
621
Proof of Judgments in Courts Where Rendered
622
Proof of Records of Courts in the Same StateInferior Courts
623
Mode of Proof of Foreign Records
624
SameMode of Authentication
625
128a StatisticsNature and Qualities of Common Substances
626
Proof of Judgments in Federal Courts
627
AuthenticationAttestation of Clerk
628
SameCertificate of the Judge
629
SameSeal
630
Returns of OfficersNot Evidence of Collateral Facts
631
129a SameIllustrations
632
SameHow Far Conclusive upon the OfficerAs to Strangers
633
DefinitionsDepositions not Admissible at Common
634
Abbreviations
638
The NoticeTime of Giving
640
Facts of Which the Judge has Special Knowledge
644
SameObjectionsWhen Made
646
Miscellaneous
652
CHAPTER 5
656
170a SameIllustrations
657
Statutes to be Complied With
658
How Compliance With the Statutes is to Appear
659
Same Continued
660
Notice of TakingTime
661
SameNames of Witnesses Officer
662
NoticeBy and on Whom Served
663
Original Always Admissible
664
Mode of TakingReduced to Writing
665
The Terms Admissibility and Relevancy not Synonymous
666
Persons Competent to Take Depositions
667
Comity Between States
668
Mode of Taking and Returning DepositionsOut of the State
669
669a Written Interrogatories 669b SameOral Interrogatories 669c SameDuty of the Commissioner 669d Mode of Taking and Returning Deposition...
670
Waiver of Objections
671
SameObjections to the Authority of the Commissioner
672
When Objections are to be Made
673
Mere General Objections
674
137a SameIntroductory Testimony
675
Objections to the SubstanceWhen Made
676
Statutory Provisions as to Objections
677
Depositions not Admissible Unless Cause Therefor Continues
678
SameModifications of the RuleStatutes
679
Continuance of the CauseHow Inferred
680
Use in Other Actions
681
Use of Depositions on Second Trial
682
If Used in Other ActionsIssues and Parties to be Substantially the Same
683
Control and Use of Depositions
684
Use of Portions of Depositions
685
Suppression of Depositions
686
Grounds for Suppression
687
SameWhere Party is Deprived of Right of Crossexamination Other Than by Want of Notice
688
SameRefusal of Witness to Answer
689
Suppression for Noncompliance With StatuteIrregularities
690
Suppression of Parts of Depositions
691
SameMiscellaneous
692
Retaking Depositions
698
Same Continued
704
Facts Apparently Collateral may Become RelevantNecessity for Promise to Connect
707
141a SameCustomCause and Effect
709
Inspection of Documents in the United States Court Before Trial
710
Objection to Competency for Want of BeliefHow Raised
713
SameKnowledgeIntent
714
Oath or Equivalent Still Required
715
Infamy as a Ground of Incompetency
716
SameEffect of Crime Committed in Foreign Country or Sister State
717
DisabilityHow ProvedHow Removed
718
Incapacity as a Ground of IncompetencyIdiotsMutes
719
SameProof of Other Crimes Than the One in Issue
720
Mode of Determining Capacity of ChildrenThe Tests to be Applied
721
Degree of Credit to be Given Such TestimonyAdult Testimony as to Occurrences in Childhood
722
Want of CapacityInsanity
723
SameDrunkennessDefective Memory
724
Interest in the Result
725
Nature of the Interest Necessary to DisqualifyHow Removed
726
Same Continued
727
Exceptions to the Ancient RulePractice in Equity
728
Parties were not Compelled to Testify for the AdversaryRule in Criminal Cases
729
Effect of Statutes on Competency of Parties as Witnesses
730
Same Continued
731
Competency of PartiesCorporators
732
Husband and Wife Incompetent as Witnesses
733
Same The Rule in Criminal Cases
734
SameConfidential Communications
735
SameSuch Evidence How Limited
736
Matters Which may be Disclosed After Marriage Relation Ceases
737
SameActions for Criminal Conversation
738
Waiver
739
Collateral Facts to Show Good FaithKnowledge Threats
740
Proof of the Agency
741
Evidence of Husband and Wife Tending to Criminate or Contradict the Other Collateral Proceedings
742
Other Exceptions to the General RuleDivorce
743
The Marriage to be Proved by the Party Objecting
744
Effect of Statutes on the Subject
745
Facts Apparently Collateral to Repel the Inference of Accident
746
General Tendency of the Statutes
747
Attorneys not Allowed to Disclose Confidential Communications
748
748a SameDuty and Power of the Court 749 SameThe Privilege That of the ClientNot Confined to Cases Pending
749
CharacterWhen Relevant
750
Communication must be Made in the Nature of Professional Inter course
751
751a SameDrawing Deeds and Mortgages 751b SameEmployees of AttorneyThird PersonsOpposite Party 752 SamePrivilege Does not Extend to In...
752
Privilege not Allowed in Furtherance of Crime or Fraud
753
Attorney may be Witness for ClientLitigation Between Attorney and Client
754
148a SameCriminal Cases
755
Waiver of the PrivilegeAttestation by Attorney
756
Statutes on the Subject
757
Communications to Clergyman
758
Communications Between Physician and PatientStatutes
759
Confined to Information Gained in the Performance of Professional Duty
760
760a Duration of Privilege 761 Waiver of the PrivilegePresence of Third Parties
761
Qualifications of the RuleLibel and Slander 150 SameNature of ProofPleadings
762
Arbitrators
763
150a SameLimitation of Attack to Plaintiffs General Reputation
764
150b SameAttack on General Reputation and Particular Trait
765
150c SameLimitation of Attack to Particular Trait
766
150d SameRumors Special and General
767
Accomplices
768
SameCredibility
769
What Facts may Serve as Corroboration of Accomplices
770
Telegrams not PrivilegedOther Confidential Statements
771
CharacterActions for Breach of Promise of MarriageUnchastity as a Defense
772
Reason for StatutesLimitationsPersons Affected
773
General Scope of Statutes
774
774a SameMeaning of Their Terms 775 Nature of the Disqualifying Interest
775
775a SameAs to Stockholders 776 When the Disability ArisesAssignees
776
776a SameRepresentatives 777 Nominal and Real Parties
777
Mere Relationship Does not Disqualify
778
151a SameMitigation of Damages
779
Waiver Construction of Statutes
780
Waiver by Examining Adverse PartyDepositions
781
SameFormer Trials
782
Waiver by Calling Other Witnesses to the Transaction or Communi
783
SameSeduction and Criminal Conversation 153 SameActions for Bastardy
786
Transactions With Partners
787
Transactions With Agents
788
154 Character in Actions for Fraud
789
SameIllustrations
790
The Rule in Respect to Accountbooks
791
SameHomicide
792
CopartiesTrustees
793
Exclusion of Persons Under Whom Others Claim Title
794
Statutes Excluding Any Matter Occurring Before the Death
795
Mode of Ascertaining Competency of WitnessesVoir Dire
796
Attendance of WitnessesSubpoena
797
CharacterActions for Malicious Prosecution 158 Proof of Good Character
798
Mode of Compelling Attendance
799
Refusal to Testify
800
Proof of Financial Standing of DefendantExemplary Damages Compensatory Damages
801
Who may be Compelled to Produce Documents
802
Practice Where a Witness is ConfinedWrit of Habeas Corpus ad Testificandum
803
Recognizance by Witnesses
804
Privileged from Arrest and Service of Process
805
Same Continued
806
cation
807
Violation of the Order Excluding WitnessesEffect
808
Order of ProofDiscretion of CourtEvidence not to be Given Piece meal
809
Proof of Financial Standing of Plaintiff
810
SameDiscretion of CourtReview
811
Privilege Allowed Counsel as to Order of Proof
812
Must the Relevancy of the Proof Appear at the Time
813
Further Illustrations of Discretion of the Court in Conducting Trial
814
Questions by JudgeComments by JudgeProtection of Witnesses Striking Out Evidence
815
Mode of Proving Financial Standing
816
Exceptions to the RuleHostile WitnessesIntroductory Questions
817
SameAs to Facts not RememberedFor Purposes of Contradiction
818
Relevancy of Facts Apparently CollateralNegligence Cases
819
CrossexaminationOn Subject Matter of Direct Examination
820
Further Discussion and Qualification of the Rule
821
SameDetails may be Called forQuestions Showing Improbability of Direct Testimony
822
Facts That are Part of Res Gestae may be Shown
823
Leading Questions may be AskedAs to New Matter
824
How Long Right to Crossexamine Continues
825
More Liberal Rule as to Relevancy on Crossexamination
826
Witness cannot be Contradicted as to Wholly Irrelevant Matter
827
Partiality of Witness RelevantOn That Subject Crossexaminer not Concluded by AnswerBiasHostilityInterestState of Feeling
828
Contradicting the Witness to Prove Bias
829
Questions Tending to Degrade the Witness as Affecting His Credi bility
830
Same ContinuedCause and Effect
831
Same SubjectView That the Evidence Should be Received
832
Same ContinuedHabits of Animals
833
View That Collateral Questions as to Specific Misconduct may be Allowed or Rejected in the Discretion of the Court
834
SameSuch Questions Admissible When Material to the Issue
835
Crossexamination of Party
836
SameIn Criminal Cases
837
Crossexamination as to Arrests and Indictments
838
Crossexamination as to Conviction of Crimes
839
Relevancy of Disconnected Facts to Show Defective Machinery
840
Actions Where the Chastity of Women is in Issue
841
Method and Extent of CrossexaminationDiscretion of the Court
842
166a SameRailroad Fires
843
Impeachment of Witnesses
844
166b SameOther Fires Caused by Same Engine
845
166c SameFires Caused by Other Engines
846
Contradictory Written StatementsMode of Procedure
847
Same ContinuedDying Declarations
848
Denial of Statements not Necessary to Admit Contradiction
849
ImpeachmentExpressions of OpinionOf Hostility
850
Same Continued
851
ImpeachmentWitness may Explain on Reexamination
852
Facts Apparently CollateralValue of Lands 169 SameValue of Personal PropertyServices
853
Same Continued
854
Same Statutes Where Adverse Party is Called as Witness
855
Exceptions and Qualifications of the Rule
856
Party not Bound to Accept Testimony of His Own Witness as Correct
857
Same Continued
858
Reputation for VeracityMode of Impeachment
859
Only General Reputation for Truth and Veracity Admissible
860
The View That the Inquiry may Relate to Moral Character Generally
861
Inquiry as to Believing the Witness Under Oath
862
Effect of Impeachment
863
Crossexamination of Impeaching Witnesses
864
Sustaining an Impeached WitnessLaying Foundation
865
Same Continued
866
Does a Collateral Attack Admit Sustaining Testimony
867
Proof of Contradictory Statements of Witness Does not Permit Evi dence of His Good Character
868
Former Statements of Witness not Admissible to Corroborate
869
Qualifications of the Rule
870
ReexaminationObject
871
SameIllustrations
872
Same Continued
873
Use of Memoranda to Refresh the Memory of Witnesses
874
Same When Allowed
875
Nonproduction of the MemorandumCrossexamination
876
Memoranda not Made by the Witness
877
Copy Used to Refresh Memory
878
Must the Memorandum be Contemporaneous With the Fact Recorded
879
Mode of Using Memoranda
880
Use of Memoranda When the Witness has No Independent Recollec tion of the Facts
881
Further Illustrations and Decisions
882
Other Modes of Refreshing MemoryUse of Memoranda as Evidence
883
Witnesses not Compelled to Criminate Themselves
884
Matters Tending to Criminate Privileged
885
Statement of Witness Claiming Privilege not Conclusive
886
Privilege Extends to Acts as Well as WordsWhen to be Claimed
887
No Privilege if Testimony cannot be Used to Convict the Witness
888
Same Continued
889
PrivilegeHow ClaimedHow Waived
890
Effect of Claiming PrivilegeInferences
891
General Rules as to Relevancy
892
Objections and Exceptions to Evidence
893
SameOffer of EvidenceWaiver of Objections
894
Withdrawing and Striking Out Evidence
895
Effect of Improper Admission and Exclusion of Evidence
896
Same Continued
897
Weight of EvidencePositive and Negative
898
SameDirect and Circumstantial
899
Number of Witnesses
900
Credibility of Witnesses
901
Province of Judge and Jury
902
Same Continued
903
Examination Through Interpreter
904
174a SameIllustrations of Questions of
914
TABLE OF CASES GENERAL INDEX
918
175a SameConstruction of WritingsStatutes
927
Waiver by Crossexamination of Adverse Party 785 Meaning of Term Trausaction
966
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