Additional Observations on Bills of Exception

Additional Observations on Bills of Exception

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836 edition. Excerpt: ... __ ' "icase did not go on--but the bill is a precedent in " his practical forms. He excluded all the evidence in the cause, and rested the bill entirely on the matter connected with the question put and objected to. The evidence in the cause could throw no light on the question under exception, any more than the evidence applicable to the justification in Hamilton v. Hope could have thrown light upon the direction given by the Judge upon the malice as applicable to that case; nor could it have given more information than the evidence of deviation could have given, on the exception respecting the ownership of the vessel in the case of G_i/'jbrd, 850. In all the other instances enumerated, the same principle must clearly prevail; and to these may be added what the Scotch law renders inadmissible, while the English law says it only goes to the credit, viz. Partial counsel, Agency, Enmity, Infancy, and Relationship. Ihave said as to the two last, that if the fact is proved, no Judge can be supposed to admit the witness; but it is asked in the Memorandum, p, 5, F. " If a witness is " rejected on a general ground, and no question of " penuria testium arises, or any matter peculiar to " the cause, is it necessary to set forth the evidence " which the witness would have given?" I suppose therefore that these two instances may be a ground for a bill of exceptions, without the intervention of penuria. If so, then there are in all, and there may be more, eleven cases on which objections may arise separate from the cause or matter of the trial. To these, exclusion of the evidence given in the cause will apply, but selection is inadmissible. I consider them therefore as exceptions to the prac tice which I...
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Product details

  • Paperback | 30 pages
  • 189 x 246 x 2mm | 73g
  • United States
  • English
  • black & white illustrations
  • 1236914295
  • 9781236914293