Commentaries on the Law of Evidence in Civil Cases, Volume 4

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Bancroft-Whitney, 1914
 

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Same Continued
75
Same Continued
81
SameNames of Witnesses Officer
89
SamePlace of Taking
94
Mode of TakingReduced to Writing
97
Interpreters
101
Persons Competent to Take Depositions
104
Comity Between States
109
Mode of Taking and Returning DepositionsOut of the State
112
669a Written Interrogatories 669b SameOral Interrogatories
113
669c SameDuty of the Commissioner 669d Mode of Taking and Returning DepositionsWithin the State
114
669e SameCompelling Attendance and Production of Papers
116
669f SameForm and Other Requisites 670 IrregularitiesAs to Names
117
Waiver of Objections
121
Same Objections to the Authority of the Commissioner
125
When Objections are to be Made
128
Mere General Objections
132
Renewal of ObjectionsWaiverAppellate Court 676 Objections to the SubstanceWhen Made
137
Statutory Provisions as to Objections
140
Depositions not Admissible Unless Cause Therefor Continues SameModifications of the RuleStatutes
141
Continuance of the CauseHow Inferred
149
Use in Other Actions
153
682 Use of Depositions on Second Trial
156
If Used in Other ActionsIssues and Parties to be Substantially the Same
159
Control and Use of Depositions
163
Use of Portions of Depositions
168
VOLUME II
170
Suppression of Depositions
175
Burden of Proof 176198
176
Grounds for Suppression
177
SameWhere Party is Deprived of Right of Crossexamination Other Than by Want of Notice
180
SameRefusal of Witness to Answer
183
Suppression for Noncompliance With StatuteIrregularities
187
Suppression of Parts of Depositions
191
SameMiscellaneous
192
WithdrawalAmendments
195
The CertificateThe Notice
200
The Caption
207
Adjournments
208
Presence of Party When Deposition is Taken on Commission
212
Retaking Depositions
213
Exhibits to Depositions
218
Depositions Taken in Foreign countriesLetters Rogatory
226
700a SameIn Suits Where United States or Foreign Government is Party or has InterestTaken Abroad for Use in the United States
229
700b SameTaken in the United States for Use Abroad
230
Depositions to Perpetuate TestimonyManner of Application for Order
231
701a SameNotice of Time and Place 701b SameManner of Taking Depositions
233
701c SameWhen the Depositions may be UsedEffect of Them
234
CHAPTER 19
236
Statutory Discovery
252
Same Continued
259
704a Practice in Federal Courts
264
Effect of Statutes upon Former Remedy
267
Scope of the Examination
271
Examination Under Control of the Court
277
707a Same Continued
280
PrivilegeSelfcrimination
282
Inspection of Books and Papers
289
Inspection of Documents in the United States Courts Before Trial by Bill of Discovery Only
290
710a Same Continued
293
Statutory Discovery of Books and Papers in State Courts
298
CHAPTER 20
310
Competency of WitnessesOath
312
Objection to Competency for Want of BeliefHow Raised 714 Former RuleHow Ohanged by Statutes 715 Oath or Equivalent Still Required
328
Infamy as a Ground of Incompetency
335
SameEffect of Crime Committed in Foreign country or Sister State
338
DisabilityHow ProvedHow Removed
340
Parties were not Compelled to Testify for the AdversaryRule in Criminal Cases
386
Effect of Statutes on Competency of Parties as Witnesses
387
Real Evidence 393411
393
Same Continued
395
Competency of PartiesCorporators
399
Husband and Wife Incompetent Witnesses 734 SameThe Rule in Criminal Cases
408
SameConfidential Communications
415
Duration of Disability 737 Matters Which may be Disclosed After Marriage Relation Ceases 738 SameActions for Criminal Conversation
435
Waiver
439
ExceptionsAgency
443
Proof of the Agency
448
Evidence of Husband and Wife Tending to Criminate or Contradict the OtherCollateral Proceedings
451
Other Exceptions to the General RuleDivorce
455
The Marriage to be Proved by the Party Objecting
457
Effect of Statutes on the Subject
460
745a Same Continued
463
Same Continued
470
General Tendency of the Statutes
474
Attorneys not Allowed to Disclose Confidential Communications 748a SameDuty and Power of the Court
482
SameThe Privilege That of the ClientNot Confined to Cases Pending
483
Communications must be in the Nature of Professional Intercourse 75la SameDrawing Deeds and Mortgages
504
751b SameEmployees of AttorneyThird PersonsOpposite Party
506
Privilege not Allowed in Furtherance of Crime or Fraud
516
Attorney may be Witness for ClientLitigation Between Attorney and Client
521
Instructions for Drawing Wills
526
Waiver of the PrivilegeAttestation by Attorney 757 Statutes on the Subject
539
Communications to Clergyman 759 Communications Between Physician and PatientStatutes
543
Confined to Information Gained in the Performance of Professional Duty
550
760a Duration of Privilege
563
Waiver of the PrivilegePresence of Third Parties
565
Privileged CommunicationsAffairs of State
576
Arbitrators
585
Judges as Witnesses
586
Privilege as to Transactions in the JuryroomGrand Jurors 766 SamePetit JurorsWhen Juror may be Witness
596
Evidence Showing Misconduct of Jurors
605
Accomplices 769 SameCredibility
611
What Facts may Serve as Corroboration of Accomplices
613
Telegrams not PrivilegedOther Confidential Statements 772 Competency of Witnesses as to Transactions With Deceased Persons
621
Statutes
627
Reasons for StatutesLimitationsPersons Affected 774 General Scope of Statutes
636
774a SameMeaning of Their Terms
637
Nature of the Disqualifying Interest
643
775a SameAs to Stockholders
657
When the Disability ArisesAssignees
663
776a SameRepresentatives
681
Nominal and Real Parties
689
Mere Relationship Does not Disqualify
703
DoneesLegateesDeviseesHeirsSuretiesGarnishees
711
WaiverConstruction of Statutes
726
Waiver by Examining Adverse PartyDepositions
732
SameFormer Trials
751
Waiver by Calling Other Witnesses to the Transaction or Communi cation
758
Waiver by Crossexamination of Adverse Party
767
Meaning of Term Transaction
785
VOLUME IV
790
Same Continued
806
Transactions With Partners
828
Transactions With Agents
839
Agents Representing Corporations
851
The Rule When Third Persons are Present
859
The Rule in Respect to Accountbooks
866
Further Applications of the RuleWills
871
CopartiesTrustees
885
Exclusion of Persons Under Whom Others Claim Title
893
Statutes Excluding Any Matter Occurring Before Death 796 Mode of Ascertaining Competency of WitnessesVoir Dire 796a Witness Required to Te...
927
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Halaman 16 - 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...
Halaman 650 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
Halaman 540 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Halaman 686 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Halaman 315 - And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.
Halaman 620 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Halaman 678 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Halaman 770 - ... against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.
Halaman 542 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Halaman 262 - The right of a plaintiff in equity to the benefit of the defendant's oath is limited to a discovery of such material facts as relate to the 'plaintiff's case,' and does not extend to a discovery of the manner in which the ' defendant's case is to be exclusively established, or to evidence which relates exclusively to his case.

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