The Virginia Law Register Volume 12

The Virginia Law Register Volume 12

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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. 1907 edition. Excerpt: ... the next. Mansfield, C. J.: "You do not want a rule of court for that purpose. VVhat a witness since (dead) has sworn upon a trial between the same parties, may, without any order of the court, be given in evidence, either from the judge's notes, or from notes that have been taken by any other person, who will swear to their accuracy; or the former evidence may be proved by any other person who will swear, from his memory, to its having been given." Then came F inn's Case, reported in the same volume of Randolph's reports as Caton 11. Lenox, and this is the case which the court followed in Montgomery Z'. Com., and which is supposed to settle the question in Virginia. The plaintiff in error in Finn's case was indicted for feloniously passing a counterfeit bank note, purporting to be a note of the Bank of the United States. The attorney for the commonwealth, in order to prove a confession of the prisoner, offered to prove by another witness what the witness to whom the alleged confession was 'made had testified before the "Called Court," having first proved that such witness, though living, was beyond the jurisdiction of the court; the court admitted this testimony over the prisoner's objection. It was the unanimous opinion of the supreme court, speaking through Judge Brockenbrough, that this was error. It was said: "In a civil action, if a witness who has been examined in a former trial between the same parties, and on the same issue, is since dead, what he swore to on the former trial, may be given in evidence, for the evidence was given on oath; and the party had an opportunity of cross-examining him. Peake, 60; Phillips, 199. But we cannot find that the rule has ever been allowed more

Product details

  • Paperback | 484 pages
  • 189 x 246 x 25mm | 857g
  • United States
  • English
  • black & white illustrations
  • 1236943236
  • 9781236943231