A Brief on the Modes of Proving the Facts Most Frequently in Issue, or Collaterally in Question, on the Trial of Civil or Criminal Cases

A Brief on the Modes of Proving the Facts Most Frequently in Issue, or Collaterally in Question, on the Trial of Civil or Criminal Cases

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...to the other); Leary v. Leary, 18 Ga. 696 (divorce); State v. Baldwin, 36 Kan. 1, 12 Pac. 318 (allowing question whether there was anything in the appearance which made witness believe the person was in grief or dissatisfied; and testimony to his being in good spirits and seeming happy. Also that one was nervous and showed fear); State v. Shelton, 64 Iowa, 333, 20 N. W. 459 (competent to ask whether a person manifested anger); St. Louis & S. F. R. Co. T. Murray, 55 Ark. 248, 16 L.R.A. 787, 18 S. W. 50 (testimony of witness who assisted the injured person to pull off and put on his coat after the injury, that he complained of being hurt in shoulder, though not competent as res gestoe, competent to show existence of present pain and injury); Sherrill Western U. Teleg. Co. 117 N. C. 352, 23 S. E. 277. Compare Bagley v. Mason, 69 Vt. 175, 37 Atl. 287, holding incompetent evidence as to belief of witness from the appearance of the plaintiff in an action for assault and battery, as to whether or not he was in pain. For notice of the distinction between this class of evidence and declarations, see Gardner v. Klutts, 53 N. C. (8 Jones, L.) 375, 80 Am. Dec. 381. An ordinary witness may testify that a horse appeared to be frightened. Com. v. Sturtivant, 117 Mass. 122, 19 Am. Rep. 401 (dictum); Followed in Yahn v. Ottumwa, 60 Iowa, 429, 15 N. W. 257; abstr. s. c. in 28 Alb. L. J. 334 (holding that witness might testify that horses were frightened by water being thrown upon them). In prosecution for "disturbing" a meeting, a witness cannot testify directly that the meeting was disturbed; for this is the question for the jury. Morris v. State, 84 Ala. 457, 4 So. 628. One who has nursed and rubbed an injured person may testify to numbness of her...show more

Product details

  • Paperback | 450 pages
  • 189 x 246 x 23mm | 798g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236616952
  • 9781236616951