 | Richard Burn - 1831 - 1154 Seiten
...time said something inconsistent with his present evidence, you must ask him as to the time, plare, and person involved in the supposed contradiction....recollect and explain what he has formerly said." Where a witness swears to a particular fact, a letter written by him, contradicting in effect his testimony... | |
 | Richard Burn - 1837 - 1262 Seiten
...the general question, wtether he has ever said so and so, because it may frequently happen that npon the general question he may not remember having so...recollect and explain what he has formerly said." Where a witness swears to a particular fact, a letter written by him, Where witness contradicting in... | |
 | Joseph Tate - 1841 - 992 Seiten
...because it may frequently happen that, on the general question, he may not remember having said so; whereas, when his attention is challenged to particular...may recollect and explain what he has formerly said. Pr. Tindul, C. J. in .Infus v. Smith, 1 Moo. & Malk. 473. Л previous and contradictory statement of... | |
 | Richard Burn - 1845 - 1052 Seiten
...so, because it may fre(jm'n<lv happen that upon the general question he may not remember Ъ»тшг so said, whereas when his attention is challenged...recollect and explain what he has formerly said." Where a witness swears to a particular fact, a letter written hvhinii contradicting in effect his testimony... | |
 | James Knox Polk - 1848 - 462 Seiten
...the supposed • contradiction. It is not enough to ask him the general question, whether he has erer said so and 'so, because it may frequently happ,en...may recollect and explain what he has formerly said. — Ibid, p. 774. To the same effect as above, see Greenleaf, vol. 1. pp. 542, 543 544,545. And upon... | |
 | John Pitt Taylor - 1848 - 756 Seiten
...Hartsink, 4 Esp. 103, 104. (i) 2 Ph. Ev. 432. (k) Lord Stafford's trial, 7 How. St. Tr. 1484. to him ; whereas, when his attention is challenged to particular...recollect and explain what he has formerly said (I). This course of proceeding is considered indispensable from a sense of justice to the witness ; for,... | |
 | Henry Roscoe - 1852 - 988 Seiten
...Tindal, CJ, " 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...recollect and explain what he has formerly said." Angus v. Smith, Moo. & Mai. 474.° Where the witness merely says, that he does not recollect making... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1868 - 610 Seiten
...because it may frequently happen that upon the general question he may not remember •whether he has so said; whereas, when his attention is challenged...may recollect and explain what he has formerly said. This course of proceeding is considered indispensable from a sense of justice to the witness; for,... | |
 | Benjamin Vaughan Abbott, United States. District Court (New York : Southern District) - 1857 - 656 Seiten
...Smith. 1 Mood. Sf M. 473 ; SC 22 Bug. CLR 360. Chief Justice Tindal there says : " I understand the rule to be, that before you can contradict a witness by...recollect and explain what he has formerly said." Howland v. Conway. • I am aware that since the decision of the Queen's- case, many of the State courts... | |
 | Alexander Ralston Tiffany - 1859 - 656 Seiten
...evidence he has given upon his exmination. But, "before you can contradict a witness, by showing i that he has at some other time said something inconsistent...recollect and explain what he has formerly said." — Per Tindal, CJ; 1 Moody & M., 473 ; 2 Mich. Rep., 415. If the witness admit the words or declarations... | |
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It is not enough to ask him the general question, whether he has ever said so and so, because it may frequently happen that, upon the general question, he may not remember having so said: whereas, when his attention is challenged to particular circumstances... 
