Commentaries on the Law of Evidence in Civil Cases, Volume 3

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Bancroft-Whitney, 1913
 

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When View may be Granted
43
Is the View Evidence in the Case
46
Same Continued
51
Experiments Out of Court
54
ModelsDiagramsPhotographs
60
CHAPTER 14
63
413b As to Contracts not to be performed within a Year from the Making
74
Thereof 413c Agreements in Consideration of Marriage
76
CHAPTER 15
77
The Statute as Affecting Leases
78
Proof of Surrender or Assignment of Interests in Land 416 Surrender by Operation of
84
Cancellation or Redelivery of Instruments Creating Interests in Land
86
TrustsHow ProvedNeed not be Created by Writing
88
The Trust to be Proved by Writing
90
Exception as to Resulting Trusts
94
Same Continued
97
SameMode of Proving the TrustAmount of Evidence
99
Statutes Limiting Resulting Trusts 424 SameObject of the StatuteWhat Law Governs
103
Proof of Trusts Between Those Holding Fiduciary Relations
104
WillsProcuring Devise by Fraud
110
Proof of GuarantyNovationExecutors and Administrators
112
Sale of Goods
119
What the Memorandum is to Contain
124
Same Continued
130
Subsequent Modification by ParolFraudMistake
135
ReformationPart PerformanceHow Proved
137
SameOriginal Agreement must be Proved
141
PAROL EVIDENCE TO EXPLAIN WRITINGS
144
Parol Evidence Inadmissible to Vary Written InstrumentsReasons for the Rule
145
The Rule Does not Prevent Proof of FraudSealed and Unsealed Instruments
155
Illegality of Contract may be ShownIncapacity 437 As to Mistakes of FactReformation of Contract 437a As to Mistakes in
171
Mistakes as to Dates
172
Proof of Independent or Collateral ContractsSubject Matter Thereof
174
Parol Evidence When the Writing is Incomplete 441 Sales of Personal Property
186
Parol Proof of Subsequent Agreement
192
SameAs to Specialties
198
Subsequent Agreement as to Contracts within the Statute of Frauds 445 SameTendency of Decisions in the United States
204
To Show That Instruments Apparently Absolute are Only Securities
210
SameReal Intention of the Parties to be Ascertained
212
Not Limited to Deeds and Mortgages
215
Rule as to Parol Evidence not Applicable to Strangers to the In strument
218
Parol Evidence to Identify and Apply the Subject Matter
220
SameUse of PropertyIdentifying Parties 452 SameFurther IllustrationsGeneral Rule
228
Proof of Surrounding Facts
232
Such Evidence Only Received When the Language is of Doubtful Import
236
Proof of Meaning of Words
239
Same Intention Meaning of Words and Phrases
243
Usages of Trade
247
SamePrincipal and Agent
250
Proof of UsageBills of LadingInsurance 460 SameContracts for Services
256
Proof of Custom Between Landlord and TenantOther Contracts 462 General Requisites of UsagesMust be Reasonable
262
The Usage must be an Established
267
The Usage must be Known
269
The Usage must be Consistent with the Contract
275
Proof That the Usage is General Uniform and Certain Continuous and bligatory Peaceable
280
To Admit Parol Proof the Usage must be Lawful
283
Parol Evidence as to Consideration
284
Proof of Consideration in Deeds
288
SameIn Cases of Fraud
296
Parol Proof as to Execution and DeliverySuspension of Operation
299
Parol Proof of Latent Ambiguities
306
Parol Evidence not Allowed in Case of Patent Ambiguities
314
Patent AmbiguityThe True RuleHow AscertainedInaccuracies
317
Parol Evidence as to WillsIn General
320
WillsParol Evidence to Identify Property 477 Wills Evidence to Identify Devisee or Legatee
329
The Rule Where the Description is More Applicable to One Subject or Person Than Another
335
WillsMeaning of Words and TermsProof in Case of Latent AmbiguityDeclarations of Testator
339
Proof of Declarations of TestatorTime of Making
348
SameTo Show Mental Condition
350
SameDeclarationsHow Limited
352
Parol Proof of Declarations as to RevocationLost Wills 485 Parol Evidence to Explain DeedsLatent Ambiguities 486 Parol Evidence Inadmissible to...
371
Same Continued
373
As to Deficiency of Land in Deeds
377
Parol Proof as to Acknowledgments
379
Parol Evidence to Explain Receipts
384
Effect of Receipts When not Explained
389
Warehouse Receipts
394
Parol Evidence as to Bills and Notes
397
Qualifications of the General Rule as Applied to Negotiable Paper 496 Indorsements on Negotiable Paper
409
SameQualifications
412
Bills of LadingContractual StipulationsReceipts
416
Parol Evidence as to Mortgages
424
CHAPTER 16
429
Documentary EvidenceDefinitions
430
Proof of Statutes of the State
432
Proof of Foreign Laws_Unwritten Law 503 Same Continued
440
Proof of the Laws of Sister StatesStatutes 505 Same Continued
447
SameProof of the Unwritten
450
Proof of Acts of StateProclamationsLegislative Journals
452
Official RegistersBooks of Public Officers
455
Proof of Facts Contained in Official Registers
460
Registers of Marriage Birth and Death
463
Same Continued
464
Recording ActsConveyancesDocuments Recorded When Admissible
497
SameRequisitesCertificates of AcknowledgmentDefects in 521 Defective RecordsEvidence for Some Purposes 522 Public DocumentsProvable by C...
506
Examined and Certified Copies as Evidence 525 Effect of Copies as EvidenceCannot Exclude OriginalsBy Whom Certified
507
Proof of Execution of Documents
515
Proof of Attested DocumentsAttesting Witnesses to be Called 528 Exceptions to the General RuleAbsence or Disability of Witnesses
523
Diligence Necessary if Witness is Absent
525
Exception Where Adverse Party Claims Under the Document
530
ExceptionAncient Documents
531
SamePossession of PropertyOffice Bonds etc 533 Best Evidence After Nonproduction of Subscribing Witnesses
533
Same Variations 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
560
Nonjudicial RecordsProof ofFederal StatutesForeign
564
SameDepartment RecordsFederal Statutes 540 Proof of Records of Public DepartmentsCopies
575
SameEffect of These Statutes
579
SameCertificates
582
Mere Certificates not Evidence
584
Exceptions to the Rule That Mere Certificates are not Evidence 545 Proof of HandwritingWriter Need not be Called
593
One Who has Seen Another Write or What is Admitted by the Writer to be His Writing is Competent to Testify as to His Handwriting
596
Knowledge of Handwriting may be Gained by Correspondence
603
Such Knowledge may be Gained in the Course of BusinessOfficial and Otherwise
606
Value of the TestimonyHow Affected by the Means of Knowledge
608
Use of Writing Written for Comparison at the Trial
611
Comparison of HandwritingEnglish Rule
613
SameConflicting Views in United States
614
Comparison of Simulated SignaturesProof of Identity
618
ExceptionsAllowing Comparison of Hands
622
Writings Used for Comparison must be Shown to be Genuine
626
Proof of HandwritingExpert Evidence 557 Effect of Alteration of InstrumentsWhat Constitutes Alteration
651
Immaterial Alterations Conflicting Views
659
Test of the Materiality of the Alteration
664
By Whom and When MadeImplied Consent to AlterationBlanks 562 Unauthorized Filling of BlanksDeeds
674
Presumptions in Case of AlterationEnglish Rule
677
SameConflicting Views in the United States
679
Question of Alteration is for the Jury
686
566b Effect of Alteration upon Rights of PartiesDuplicatesRatification
693
CHAPTER 17
697
Books of Account as Evidence
698
SameStatutesOf What Transactions Books are Evidence
702
Books Should be Those of Original Entry
706
Form of Books of Account
710
Books are to be Those Used in the Course of BusinessMode
714
Making the Entries 572 Time of Making the Entries
717
Suppletory Oath
719
Accountbooks not Evidence of Collateral Facts
723
Degree of Credit to be Given to Books of Account 576 SameDefects in Books as Affecting Admissibility and Weight 577 Impeachment of Books of...
733
Scientific Books
736
Use of Scientific Books in the Examination of Experts
742
Reading from Scientific Books in Argument to the Jury
748
Admissibility of Photographs
751
Newspapers When Admissible
760
Proof and Effect of Letters
764
Admissibility of Facts in Histories
768
Effect of JudgmentsGeneral Rule
770
As to What Persons Judgments are Conclusive 587 Effect of Judgments on Persons in Privity With Each Other
779
Admissibility of Judgments as Against Strangers
784
Judgments Against Principals in Actions Against Their Sureties
795
591a Judgments Against Sureties in Actions Against Their Principals
801
SameOther Classes of Bonds
802
JudgmentsWhen Admissible as Against Third Persons Who are Liable to Make Indemnity
805
Judgment must be Final
810
Finality of JudgmentsMust be on the Merits 596 Effect of Nonsuit or Discontinuance or Appeal 597 Conclusive Only as to Matters in Issue
824
As Affected by Form of Action
829
598a Established Rules for the Administration of Estoppel by Judgment
834
Extrinsic Evidence to Identify the Issue
836
Same Continued
837
Proof That Issues are the SameBurden
840
Effect of Judgment Where Cause of Action is Different
844
Effect of JudgmentGeneral Issue
848
Matters Which Might have Been Litigated in a Former Suit 605 Same Continued
858
Judgments in Rem as Evidence
860
SameJudgment of Divorce
865
Same Continued
867
Judgments in ProbateConclusive Effect ofProof of Death
871
SameJurisdiction
874
Collateral Proof to Show Want of Jurisdiction 612 Silence of the RecordContrary ViewsQualifications of General Rule
881
Inferior CourtsJurisdiction to Appear on Record
883
Merits of Foreign JudgmentsNot Open to Inquiry
885
SameConflicting Views
887
Judgments of Sister StatesWant of Jurisdiction may be Shown 618 SameRegularity PresumedProof of Fraud
899
Domestic Judgments not Impeachable by Parties for Fraud 620 JudgmentsHow ProvedShould be complete
902
Proof of Parts of RecordVerdict
908
Proof of Judgments in Courts Where Rendered 623 Proof of Records of Courts in the Same StateInferior Courts
911
Mode of Proof of Foreign Records
913
SameMode of Authentication
915
Proof of Records of Sister StatesFederal Statutes
917
Proof of Judgments in Federal Courts
920
AuthenticationAttestation of Clerk 629 SameCertificate of the Judge
925
SameSeal
929
As Between Parties the Return cannot be Collaterally Attacked
933
Depositions 88 634701c
943
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Halaman 61 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of 10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Halaman 908 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Halaman 61 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Halaman 84 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Halaman 146 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Halaman 557 - ... the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county...
Halaman 108 - Fourthly, upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them...
Halaman 644 - That the alteration in this instrument would have avoided it, if it had been a deed, no person can doubt. And why in point of policy would it have had that effect in a deed ? Because no man shall be permitted to take the chance of committing a fraud, without running any risk of losing by the event when it is detected.
Halaman 61 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Halaman 779 - ... first, that the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a bar, or as evidence conclusive between the same parties upon the same matter, directly in question in another Court...

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