Tennessee Chancery Reports; Reports of Cases Argued in the Court of Chancery of the State of Tennessee and Decided by the Hon. William F. Cooper, Chancellor of the Seventh Chancery District at Nashville [1872-1878] Volume 1

Tennessee Chancery Reports; Reports of Cases Argued in the Court of Chancery of the State of Tennessee and Decided by the Hon. William F. Cooper, Chancellor of the Seventh Chancery District at Nashville [1872-1878] Volume 1

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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: ... but having since had conversations with gentlemen familiar with some of the transactions my recollection is refreshed, and I now state the facts to be as deposed to in this deposition." In that view, it becomes simply a question whether the court shall take the present statement, which is the only one in evidence, or discredit the witness because he had previously made a different statement under oath. If the latter course be taken, then-the evidence is entirely set aside, and there is no testimony from this witness on the subject. Every day's experience in this court, nay, for that matter, -every day's experience of every one of us, is suflicient to satisfy us how uncertain human memory is. If we set aside "-testimony, or discredit witnesses, merely because there is a discrepancy in their statements about the same matter, at 'different times, the courts would be compelled to guess at results far oftener than they do. The rule is, that where the-court is satisfied that a witness has sworn falsely and cor-ruptly on any single material point, it can no longer give credit to anything he may say. But change of recollection, if the court is satisfied of the integrity of the witness, is often-a strong point in a witness' favor; for human nature prides itselftoo frequently on its consistency, and sticks to an error-plainly demonstrated simply because it has once been openly made. The witness' character for truth is in no way impeached. From the record I see no effort to impeach him, and no-ground for it. As often happens in actual life, the recollec-tion of long past events is freshened by dwelling upon them, and talking about them. The witness, it appears, has taken the benefit of the bankrupt law, and has no...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236873106
  • 9781236873101