Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 40

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 40

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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. 1875 edition. Excerpt: ...the issues sent down for trial, did not authorize it to be used as evidence before the jury, on the trial of such issues. 4th. That it was impossible to say that the said order had no influence upon the verdict. 5th. That this difliculty was not removed by the fact that the original will, (to which the probate and afiidavits, upon which it was in part founded, ) was submitted by the caveators to the inspection of the jury. They not having offered the probate or aflidavits in evidence or attached them to the paper, or asked the jury to inspect them, and it not appearing that the jury did so. 6th. That it was also error in the Court below, to permit one of the aflidavits to be read to the Court in the presence of the jury, but that whatever effect this proceeding may have had upon the jury, prejudicial to the caveators, was removed by the granting of a prayer offered by them, by which the jury were instructed, that this afiidavit was not evidence in the cause proper to be considered by them as proof of any fact therein sworn to. 7th. That the testimony of certain witnesses to the elfect, that the administrator c. t. a. and caveatee, after he became such administrator, had told them that the testator had said to him in conversation, that it was not his intention, that this paper, should operate as his will, olfered as testimony in chief by the caveators, was hearsay and inadmissible. 8th. That the rule, that the acts, and admissions of a party to the record are evidence, even although he be but a trustee for another, provided they be made, and done after he is clothed with the oflice, or has acquired the interest considered with reference to the nature and character of the declarations proposed to be offered, their relevancy to the issue more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236868463
  • 9781236868466