Court of Appeals 1898

Court of Appeals 1898

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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. 1898 edition. Excerpt: ...testator and his son who was also dead, such conversations never having been in presence of any living-person, and evidently furnished for the purpose of meeting some emergency of his case as it developed. It would appear as if section 829 of the Code had been systematically disregarded in the admission of the evidence. The fact that Garrison before his death had answered 390 certain interrogatories without being sworn in another action, and that such answers were read by defendants. upon the trial of this action, would not make the plaintiff's testimony of anything that subsequently happened, competent. It is only " where the testimony "of the deceased person is given in evidence concern"ing the same transaction or communications," that the evidence of the other party as to the transaction or communication can be received, and as to many of the communications to which the plaintiff was allowed 391 to testify, the deceased had given no testimony. This, however, is an appeal by the plaintiff, and as the defendants' objections to the admission of testimony are not stated in the case, it is impossible to say that any objection was taken to the admission of the evidence. The nature of the testimony is adverted to, as upon such evidence it would be manifestly improper to reverse the finding of fact of the Referee. By the 22nd finding of fact, the Referee finds that 392 the notes therein referred were issued under an agreement between all the parties, "as a temporary expedi"ent for the purpose of stating the accounts; and that thereafter and as soon as practicable second "mortgage bonds should be issued to secure or pro "vide for such indebtedness, and to take the place of "said notes so more

Product details

  • Paperback | 400 pages
  • 189 x 246 x 21mm | 712g
  • United States
  • English
  • black & white illustrations
  • 1236809106
  • 9781236809100