The Encyclopaedia of Evidence Volume 6

The Encyclopaedia of Evidence Volume 6

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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. 1905 edition. Excerpt: be proved by the record of the proceedings of the proper tribunal, the best evidence thereof is such record, and until the absence of such record evidence has been satisfactorily accounted for, secondary evidence should not be ID i resorted to. and they may have exceeded them, or, lastly, the town may have rcfused to accept of such laying out; and the non-production of the record of their appointment, and the acceptance by the town, creates a strong presumption that, were it produced, it would operate against the defendants." See also Watrous 2. Southworth, 5 Conn. 305. 34-State v. Vi/eimer, 64 Iowa 243, 20 N. W. I71. 35-Stewart v. Wallis, 30 Barb. (N. Y.) 344, which was an action for trespass against highway commissioners in which they justified their actions upon the ground that the way was a public one, and sought to prove the same by producing the order to lay out the highway, but it did not appear that the commissioners were all present. as required by the state statute. and the court therefore refused the testimony. 36-Whitesides v. Earles (Tenn.), 61 S. VV. I038. See also Mankin 1/. State, 2 Swan (Tenn.) 206, a prosecution for obstructing a highway, wherein it was held that the record of the county court must not only show the order appointing viewers and the order establishing the road, but that the record itself must show that there was a competent court for that purpose. 87. Schuylkill County's Appeal, 38 Pa. St. 450, wherein it was held that the report of viewers was not of itself evidence that a public road was not opened on the precise ground on which it was located, as such evidence might have been found in the original survey or draft. 33-State v. Alstead, I8 N. H. 59, where the court said: "In more

Product details

  • Paperback | 498 pages
  • 189 x 246 x 25mm | 880g
  • United States
  • English
  • black & white illustrations
  • 1236918509
  • 9781236918505