Trial Evidence: A Practical Treatise on the Law of Evidence and Related Subjects in Procedure in the State of Ohio

Cover
W. H. Anderson Company, 1920 - 742 Seiten
 

Inhalt

Agreed statement of facts 12 Agreements as to certain facts 13 Oral admissions by party
11
Oral admissions by attorney
12
General principles CHAPTER II
14
Ordinances
19
Courts and their proceedings
20
Generally accepted public history
21
Geography
22
Facts of science and of
23
Matters of common knowledge
24
General principles CHAPTER III
26
Section Page 30 Presumption of payment
31
Miscellaneous presumptions
32
Effect of decisions
33
Omnia praesumuntur
34
Page
35
Decision below sustained
36
Reasoning of the court
37
Prima facie evidence
38
Performance of duty
39
Regularity of transactions
40
Rule on burden of proof
41
Presumptions of fact
43
The presumption of continuance
45
Construction of writings
47
1
49
Conclusive presumptions
50
CHAPTER IV
52
2
53
New matter in reply
55
Anticipating a defense
56
Proof of defenses to notes
58
Proof of performance
59
4
60
6
62
Open and closeGeneral principles
63
7
64
Open and closeError in ruling
65
9
66
Proper rebuttal
68
CHAPTER V
69
10
71
Cases for the court
72
The charge
73
Error in the charge
74
Illustrations of shifting
75
11
78
12
79
Clear evidenceGeneral principles
80
Clear evidence to vary writings
82
Clear evidence to establish a trust
83
Section Page 70 Clear evidence to reform an instrument
84
Clear evidence to vary commercial paper
85
Clear evidence to affect official action
86
Clear evidence in miscellaneous cases
87
14
89
CHAPTER VI
90
18
92
20
94
Defense of alibi
95
Independent defenses
96
Defense of insanity
97
21
99
Criminal and tortious acts
101
In the contest of wills
103
24
105
In attachment
108
In special proceedings
109
CHAPTER VII
111
Credibility of witnesses
114
26
116
Weight of evidence
117
Negative testimony
119
Statement of issues
121
28
123
Summing up the evidence
124
Facts considered without evidence
126
NonsuitScintilla rule
127
NonsuitMotion by one party
129
NonsuitMotion by each party
130
29
131
Conclusive proof
132
In negligence cases
133
In will contests
135
CHAPTER VIII
137
Immaterial variance
139
Material variance
140
Time for objection
141
Conforming pleading to proof
142
Inserting allegations
144
Defect waived
145
Failure of proof
146
Variance as to immaterial allegations
148
Rule applied to answers
149
Rule applied to replies
150
CHAPTER IX
152
Evidence on one issue
155
Order of evidence
156
Legal relevancyOutline
158
Introducing a fact
159
Supporting an inference
160
Rebutting an inference
161
Proving identity
164
Preparation and subsequent conduct
165
Subsequent repairs
168
Remoteness
170
Similar occurrences
172
Other fires
174
Other offenses
175
Financial ability
177
Custom or habit
178
CHAPTER X
180
In libel and slander
181
In torts generally
182
In rape and seduction
183
In crimes generally
185
In defense of selfdefense
187
Social standing
189
Section Page 144 Reputation of things
190
Province of court and jury
191
CHAPTER XI
193
KnowledgeSimilar frauds and crimes
196
KnowledgeSimilar accidents
198
KnowledgeSimilar occurrences
200
KnowledgeReputation
201
MotiveGeneral principles
202
MotiveOther crimes
203
IntentGeneral principles
204
Criminal intent in general
206
Intent to kill
207
Malice in general
208
Malice in prosecutions
209
Malice in libel and slander
210
Mental suffering
211
Defense of intoxication
212
CHAPTER XII
214
Written hearsay
216
Exceptions to the rule
217
Information acted upon
218
Pedigree
219
Custom and boundaries
220
Statements against pecuniary interest
221
Business entries
224
Mathematical and statistical tables
226
Former testimonyBill of exceptions
227
Former testimonyWitnesses
228
CHAPTER XIII
231
IllustrationsOral
232
IllustrationsWritten
234
Section Page 180 Whole statement admissible
236
Acquiescence
237
Failure to offer evidence
239
Offer to compromise
241
Selfserving statementsOral
242
Selfserving statementsExceptions
244
Selfserving statementsWritten
245
CHAPTER XIV
247
Involuntary confessions
249
Time of declaration
263
In rape cases
264
Expressions of pain
266
Selfserving declarations
267
Admissions of agents
268
Declarations of instructed agent
269
Declarations of employes
270
Declarations of spouse
271
Declarations of legal representatives
272
Declarations of public agents
274
Declarations of partners
275
Declarations of grantors
276
Declarations of owners
278
Declarations of joint parties
280
Acts of conspiratorsExamination
282
Proof of actsPrinciples
283
ActsIn homicide cases
284
ActsIn crimes affecting property
285
ActsUnder antitrust law
286
Acts not within conspiracy rule
287
CHAPTER XVI
289
Error in admissionPrinciples
290
AdmissionThe record 29
291
AdmissionPrejudice
292
Admission of indecisive evidence
293
AdmissionSubsequent explanation
295
AdmissionFacts not in issue
296
Error in exclusionPrinciples
297
Exclusion of cumulative evidence
298
ExclusionLater admission
299
ExclusionPrejudice
300
Verdict on two issues
302
Time for objection
304
Repeated rulings
306
Statement of expected proof
307
Motion to rule out
308
12263ANDERSONBantel 3
309
Instruction to disregard
310
Forms of instructions
312
CHAPTER XVII
314
View by the juryPrinciples
316
View in appropriation cases
317
View in ditch cases
318
Physical examination
319
Photographs and diagrams
320
Experiments before jury
323
Experiments outside of court
324
CHAPTER XVIII
325
Testimony by deposition
327
Exceptions to depositions
329
Power of notary taking depositions
330
Section Page 335 Vital issues for injury
417
Exceptions to rule
419
CHAPTER XXIV
420
Standards of handwriting
421
Comparison with standards
423
Acquaintance with writing
424
Handwriting witnesses
425
Physical conditionMedical experts
426
Experts on permanency of injuries
428
Experts in malpractice cases
429
Physical conditionNonexperts
430
Mental capacityGeneral principles
431
Mental capacityNonexperts
432
Mental capacityExperts
434
MentalityWeight of testimony
435
Damage to property
436
Value of real estate
437
Value of personalty
438
Services of brokers
439
Domestic services
440
Services of attorneys
441
Chemical experts
442
Steamboat experts
443
Appliances
444
Rate of speed
446
Animals
448
CHAPTER XXV
451
Rule as to collateral matters
452
Secondary evidenceGeneral rule
453
Writings beyond jurisdiction
454
Abstracts of books
455
Question of loss for the court
457
Notice must be reasonable
458
Notice not always necessary
459
Inspection and copy
461
When master to inspect
463
Copy of instrument
464
Witnesses to prove execution
465
ExceptionsAncient documents etc
467
Introduction of writings
468
FormStatute of frauds
470
Construction of writings
473
CHAPTER XXVI
474
Statutory rule
475
Original entries
477
Subjects of bookaccount
478
Parol to vary accounts
480
Accounts not in books
482
CHAPTER XXVII
485
Acts of the legislature
487
Foreign law
488
Federal records and documents
490
State records and documents
491
Articles of incorporation
493
Municipal records
495
Records of elections
497
Marriage certificates
500
Private writings recorded
501
CHAPTER XXVIII
504
Former adjudication
506
Former conviction
507
Correction of record
508
Impeachment of record
509
Questioning jurisdiction
511
Section Page 410 Impeachment of verdict
513
Records of wills
515
Trialcourt records
516
Adjudications as evidence
518
Official papers
519
Records and papers of justice
520
CHAPTER XXIX
521
Third persons not affected
523
Rule as to land contracts
525
Rule as to insurance policies
527
Rule as to wills
528
Rule as to commercial paperMakers
529
Rule as to commercial paperIndorsers
531
Rule as to receipts
532
Rule as to bills of lading
534
CHAPTER XXX
536
Consideration in deeds
537
Consideration in notes
540
Express parol trusts
541
Implied trusts
543
Fraud and mistake
544
Conditional delivery
546
Subsequent contract
547
Incomplete writingContracts in general
549
Incomplete writingTransfers
550
CustomGeneral rule
551
Custom and the law
552
Notoriety of custom
554
Usages of trade
555
CustomExpert witnesses
557
Ambiguity
558
Surrounding circumstancesContracts
559
Surrounding circumstances Guaranties
561
Section Page 449 Construction by parties
562
Identification of parties
563
Relation of parties
564
SubjectmatterGeneral rule
565
SubjectmatterWills
566
SubjectmatterInsurance policies
567
SubjectmatterLand contracts
568
Urheberrecht

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Beliebte Passagen

Seite 140 - No variance between the allegation in a pleading and the proof shall be deemed material, unless it has actually misled the adverse party to his prejudice, In maintaining his action or defense, upon the merits.
Seite 1 - An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matters in the answer, except an issue of law is joined thereon.
Seite 139 - And when the allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defense is not apparent, the court may require the pleading to be made definite and certain by amendment.
Seite 612 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.
Seite 390 - I understand the rule to be, that before you can contradict a witness by showing that he has, at some other time, said something inconsistent with his present evidence, you must ask him as to the time, place, and person involved in the supposed contradiction. It is not enough to ask him the general question, whether he has ever said so and so...
Seite 452 - States shall have power, in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue...
Seite 496 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Seite 612 - The acts of the legislature of any state or territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such state, territory, or country affixed thereto. The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States by the attestation...
Seite 598 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Seite 496 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.

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