A Practical Treatise of the Law of Evidence
A Practical Treatise of the Law of Evidence
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In our eReader you can find the full English version of the book. Read A Practical Treatise of the Law of Evidence Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Practical Treatise of the Law of Evidence
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Preferred his bill against B. , and B. Exhibited his bill touching the matter against A. And 0. ; on a trial at law it was held, that C. Could not use the depositions in the same cauSe between A. And B. , but that the whole must be tried as 7'es nova} The de- positions or evidence of a witness in one cause cannot be evidence in another, where the verdict would be inadmissible ; for the oath can- not be given in evidence without first giving the verdict in evidence;" for otherwise it would not a...ppear that the oath was more than a voluntary affidavit. But it is not necessary that the depositions should have been made, or the evidence given in the same proceed- ing, provided the parties be the same ; in the Court of Chancery, depositions in one cause are frequently read in another; and in courts of law, the evidence which the witness gave on a former trial may be *read in a subsequent one, after his death, or while 1 . R*4141 he continues abroad. " •- -^ But although the parties are the same, yet if the same matters were not in issue in the former cause, the depositions, it is said, are not evidence ;'' this rule, however, at all events, does not apply to cases where depositions are offered against those who were not par- ties to the former suit, as matter of reputation, for there the very ^ B.
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To quickly assess the difficulty of the text, read a short excerpt:
Preferred his bill against B. , and B. Exhibited his bill touching the matter against A. And 0. ; on a trial at law it was held, that C. Could not use the depositions in the same cauSe between A. And B. , but that the whole must be tried as 7'es nova} The de- positions or evidence of a witness in one cause cannot be evidence in another, where the verdict would be inadmissible ; for the oath can- not be given in evidence without first giving the verdict in evidence;" for otherwise it would not a...ppear that the oath was more than a voluntary affidavit. But it is not necessary that the depositions should have been made, or the evidence given in the same proceed- ing, provided the parties be the same ; in the Court of Chancery, depositions in one cause are frequently read in another; and in courts of law, the evidence which the witness gave on a former trial may be *read in a subsequent one, after his death, or while 1 . R*4141 he continues abroad. " •- -^ But although the parties are the same, yet if the same matters were not in issue in the former cause, the depositions, it is said, are not evidence ;'' this rule, however, at all events, does not apply to cases where depositions are offered against those who were not par- ties to the former suit, as matter of reputation, for there the very ^ B.
What to read after A Practical Treatise of the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Starkie to read onlineMoreLess
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