A Treatise on the Law of Evidence in Scotland, Part 554, Volume 2Bell & Bradfute, 1864 - 1268 pages |
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Page 640
... emitted , was absent dur- ing part of the time when it was being taken , has been admitted ; H. M. Advocate v . Mahler , 2 Irv . , 634. As to the effect of his absence on the admissibility of the declara- tion , see infra , 1406 . and ...
... emitted , was absent dur- ing part of the time when it was being taken , has been admitted ; H. M. Advocate v . Mahler , 2 Irv . , 634. As to the effect of his absence on the admissibility of the declara- tion , see infra , 1406 . and ...
Page 648
... emitted ( h ) . But in another case the Court refused to listen to the allegation that a commissioner appointed to take an oath on reference had refused either to allow certain questions to be put to the party or to record them . Here ...
... emitted ( h ) . But in another case the Court refused to listen to the allegation that a commissioner appointed to take an oath on reference had refused either to allow certain questions to be put to the party or to record them . Here ...
Page 651
... emitted , but also by the party herself , or , if she cannot write , by notaries subscribing for her in common form ( c ) . § 1079. But while important judicial admissions must be sub- scribed by the party or his procurator , it is the ...
... emitted , but also by the party herself , or , if she cannot write , by notaries subscribing for her in common form ( c ) . § 1079. But while important judicial admissions must be sub- scribed by the party or his procurator , it is the ...
Page 771
... emitted by him in a criminal investigation , and when examined as a haver in an action of reduc- tion - improbation of the lease , combined with an improbable story , not supported by any evidence , that he had missed the deed out of ...
... emitted by him in a criminal investigation , and when examined as a haver in an action of reduc- tion - improbation of the lease , combined with an improbable story , not supported by any evidence , that he had missed the deed out of ...
Page 820
... emitted by the injured party as a witness ; while the absence of any direct interest on his part in the issue makes it not likely that his statements de recenti were uttered for the purpose of being afterwards proved in such a ...
... emitted by the injured party as a witness ; while the absence of any direct interest on his part in the issue makes it not likely that his statements de recenti were uttered for the purpose of being afterwards proved in such a ...
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Common terms and phrases
18 Vict adduced admissible admitted affd alleged allowed apply Arkley averments Bell's Notes bill Burnett cause certified citation civil clerk commission commissioner competent confession copy Court held Court of Session creditor criminal debt declaration decree deed defender deponed deposition diligence documents Elch emitted entitled Ersk evidence examined excluded execution extract facts favour Fraser granted Greenl ground H. M. Adv haver House of Lords Hume inadmissible infra instrument interlocutor judge judicial jury letters of horning libel Lord Advocate Lord Justice-Clerk Lord Ordinary Lord Stair M'Intosh magistrate marriage matters ness notary oath on reference objection opinion party perjury person pleaded precognition prisoner proceeding produced proof prosecution prosecutor proving the tenor pursuer question record reference to oath refused rule sasine Scotland Sheriff Stair statements statute supra Swin Tait taken tion trial verdict witness writ writings
Popular passages
Page 1050 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 1210 - I AB do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful, and I do also solemnly, sincerely, and truly affirm and declare,
Page 1206 - Provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money and payment...
Page 1206 - By f 2, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive and examine evidence...
Page 1217 - ... the court, or upon special verdict of a jury ; or the said last-mentioned court shall, if it think fit, when the said opinion has been obtained before trial, order such opinion to be submitted to the jury...
Page 1218 - Viet. c. 22. of Probate ; in Scotland, the High Court of Justiciary, and the Court of Session, acting by either of its Divisions ; in Ireland, the Superior Courts of Law at...
Page 1050 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did, in fact, make it...
Page 1208 - But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question^ tending to criminate himself or herself...
Page 1186 - This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between them. These inconsistencies are studiously displayed by an adverse pleader, but oftentimes with little impression upon the minds of the judges. On the contrary, a close and minute agreement induces the suspicion of confederacy and fraud.
Page 1212 - Court or tribunal, and within the jurisdiction of such first-mentioned Court, or of the Court to which such Judge belongs, or of such Judge, it shall be lawful for such Court or Judge to order the examination...