Texas Law Review Volume 1

Texas Law Review 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. 1883 edition. Excerpt: ...not a basis has been made to let in secondary evidence is a question addressed to the discretion of the trial judge, which this court will not revise except in a case of manifest error. (Mays vs. Moore, 13 Tex. 8.) In the case at bar, while we are of the opinion that the production in evidence of the original instrument was material and greatly to be desired, and thai the proof of its loss is by no means as conclusive as it should have been, still we think a reasonoblc presumption of its loss was established, and we would not feel authorized to revise the action of the court below in admitting secondary evidence of it upon this state of proof, and would not, for this reason alone, reverse the case. We think, however, in view of the importance of the paper itself, in determining the issue in this case, that a more diligent and thorough search should have been made for it. It is not shown that the District Attorney made any search whatever for it, hut relied altogether upon his recollection that he had returned it to Beard, and yet Beard does not remember that the paper was returned to him. Kirkpatrick also worked in the bank, and might have known the whereabouts of the paper, yet he was not interrogated about it. It was in proof that the signatures of the persons alleged to have boon forged were not in the handwriting of the defendant, but were apparently in the handwriting of a woman. It appears to have been the theory of the defense on the trial that the daughter of one of the parties whose signature is alleged to have been forged was the person who wrote the signatures to the instrument. In order to destroy this theory, the State, over the objections ot the defendant, was permitted to prove by the father of this lady that the signatures...
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Product details

  • Paperback | 134 pages
  • 189 x 246 x 7mm | 254g
  • United States
  • English
  • black & white illustrations
  • 1236926129
  • 9781236926128