A Brief for the Trial of Civil Issues Before a JuryDiossy & Company, 1889 - 201 страница |
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19 Northw 23 Northw absence admission adverse party aff'g affidavit allegation application AUSTIN ABBOTT Bank Barb cause of action cited common law competent compulsory nonsuit consent counsel Court cross-examination Daly defendant defendant's demurrer dence deposition direct a verdict discharged discretion document entitled error to allow error to refuse exception further instructions held error held no error incompetent evidence instruct the jury Iowa judge judgment jurisdiction juror jury to take Kans Mass matter of right Metropolitan Nat Misjoinder motion N. Y. Central R. R. N. Y. Code Civ Nebr objection Ohio St opinion Otto Penn peremptory challenge plaintiff pleading poll presumption proof proper proved request require rev'g rule sealed verdict Smith special questions special verdict statute Super Supm taken testify testimony Thomp tion Town of Thorp trial unless Weekly Dig Wend Wisc witness
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Страница 104 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 58 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Страница 124 - ... before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Страница 75 - When it is necessary to prove the results of voluminous facts, or of the examination of many books and papers, and the examination cannot be conveniently made in court, the results may be proved by the person who made the examination.
Страница 124 - Decided cases may be found where it is held that, if there is a scintilla of evidence in support of a case, the judge is bound to leave it to the jury, but the modern decisions have established a more reasonable rule, to wit: " That before the evidence is left to the jury, there is, or may be in every case, a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon...
Страница 86 - Mr. Greenleaf, in his work on Evidence, volume 1, section 79, under the heading 'Negative Allegations,' says: 'But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party.
Страница 103 - the mode of proof in the trial of actions at common law shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided," and has then made special provisions for taking depositions.
Страница 91 - Where fraud in the purchase or sale of property is in issue, evidence of other frauds of like character committed by the same parties, at or near the same time, is admissible.
Страница 91 - Wherever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings are original and competent evidence.