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Justice Story On The Common Law Of Evidence, John C. Hogan
Justice Story On The Common Law Of Evidence, John C. Hogan
Vanderbilt Law Review
In our system of jurisprudence it is the province of the jury to decide all matters of fact. The trial is held and the verdict of the jury is delivered in the presence of a judge who is bound to decide matters of law which arise in the course of the trial. Whenever a thing offered as proof is questioned as not proper to go before the jury as evidence, that question is to be resolved by the judge, and unless he permits it to be introduced as evidence at the trial, it can not legally come to the consideration …
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
Demurrer: Demurrers are not favored in Tennessee. The pleading to which a demurrer is interposed is construed most favorably to the pleader. For the purpose of determining the sufficiency of a pleading all properly pleaded allegations are upon demurrer taken to be true; in the usual phrasing, they are said to be admitted. Although Tennessee courts, like all others, declare that a demurrer does not admit a conclusion of law, they sometimes let it come perilously close to doing so. Thus, in an action by a bailee against his bailor for failure to return chattels in the condition in which …