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Evidence

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Articles 3091 - 3120 of 3278

Full-Text Articles in Law

Evidence--Conditional Delivery Of Deeds To Grantee--Parol Evidence, Donald M. Hutton Apr 1932

Evidence--Conditional Delivery Of Deeds To Grantee--Parol Evidence, Donald M. Hutton

West Virginia Law Review

No abstract provided.


Assault And Battery-Police Officer-Third Degree Mar 1932

Assault And Battery-Police Officer-Third Degree

Indiana Law Journal

No abstract provided.


Evidence--Admissibility Of An Atheist's Dying Declaration, Donald F. Black Feb 1932

Evidence--Admissibility Of An Atheist's Dying Declaration, Donald F. Black

West Virginia Law Review

No abstract provided.


Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …


Federal Practice - Appeal And Error - Harmless Error Feb 1932

Federal Practice - Appeal And Error - Harmless Error

Michigan Law Review

Plaintiff in error was convicted of illegally transporting intoxicating liquor. Federal officers were permitted to testify over defendant's objection: (1) that they found intoxicating liquor in defendant's automobile parked in his farm-yard; (2) that the radiator of the car was heated as if it had been recently used; (3) that they had followed defendant's car on the highway and into his farm-yard; (4) and that the defendant had admitted to them that he had driven the car. Defendant admitted on the witness stand that he owned both the liquor and the automobile, but denied that the automobile had been used …


Admissibility Of Evidence Illegally Seized--(Affirmative View), James T. Hatcher Jan 1932

Admissibility Of Evidence Illegally Seized--(Affirmative View), James T. Hatcher

Kentucky Law Journal

No abstract provided.


Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss Jan 1932

Evidence - Burden Of Proof - Compliance With Stipulation In Bill Of Lading As To Time For Claim Of Loss

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes had spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided: "Sec. 2 (b). Claims for loss or damage . . . must be made in writing . . . within six months after a reasonable time for delivery has elapsed." The testimony of Neiss, freight clerk, who was called …


Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof Jan 1932

Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided that claims for loss or damage must be made in writing within six months after a reasonable time for delivery has elapsed. The testimony of Neiss, freight clerk, who was called by the defendant, was to the effect that eight …


Negligence - Res Ipsa Loquitur - Circumstantial Evidence Jan 1932

Negligence - Res Ipsa Loquitur - Circumstantial Evidence

Michigan Law Review

Defendant company owned, and was in possession of, a wall, from the top of which a loose piece of concrete fell and injured the plaintiff who was at work on land adjoining. In affirming a judgment for plaintiff, the court held that, while the doctrine of res ipsa loquitur did not apply, there was "evidence from which the jury could legitimately infer that the defendant was negligent in permitting loose pieces of concrete to remain on the wall." Pope v. Rending Co., (Pa. 1931) 156 Atl. 106.


Admissibility Of Evidence Illegally Seized--(Negative View), William Hume Jan 1932

Admissibility Of Evidence Illegally Seized--(Negative View), William Hume

Kentucky Law Journal

No abstract provided.


Evidence - Privileged Communication Dec 1931

Evidence - Privileged Communication

Michigan Law Review

In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.


Evidence--Res Gestae--Suicide Notes, Bernard Sclove Dec 1931

Evidence--Res Gestae--Suicide Notes, Bernard Sclove

West Virginia Law Review

No abstract provided.


The Principles Of Judicial Proof Or The Process Of Proof, Paul W. Bruton Dec 1931

The Principles Of Judicial Proof Or The Process Of Proof, Paul W. Bruton

West Virginia Law Review

No abstract provided.


Insurance - Estoppel - Parol Evidence Rule Dec 1931

Insurance - Estoppel - Parol Evidence Rule

Michigan Law Review

The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …


Admissibility Of Previous Consistent Statements By A Witness, Herald A. O'Neill Jul 1931

Admissibility Of Previous Consistent Statements By A Witness, Herald A. O'Neill

Washington Law Review

Today the courts are almost unanimous in holding that proof of statements made by a witness out of court similar to and in harmony with his testimony are inadmissible. "This rule of evidence," said Mr. Justice Holloway, speaking for the Supreme Court of Montana in the case of Fairleigh v.Kelley (1903), "became settled long ago." It is unquestionably supported by the decided weight of authority, and in fact, it may now be said that the rule is more than general—it is well nigh universal. There are, however, well settled exceptions to this general rule. In fact, the exceptions "have become …


Search And Seizure Without Warrant-Intoxicating Liquor-Timely Objection May 1931

Search And Seizure Without Warrant-Intoxicating Liquor-Timely Objection

Indiana Law Journal

No abstract provided.


Criminal Law-Search And Seizure-Implied Consent May 1931

Criminal Law-Search And Seizure-Implied Consent

Indiana Law Journal

No abstract provided.


Appeal And Error- Crimes - Evidence Not Objected To At Trial May 1931

Appeal And Error- Crimes - Evidence Not Objected To At Trial

Michigan Law Review

The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …


The Burden Of Providing Payment, Leo Carlin Apr 1931

The Burden Of Providing Payment, Leo Carlin

West Virginia Law Review

No abstract provided.


Administrative Tribunals--Judicial Notice Apr 1931

Administrative Tribunals--Judicial Notice

Michigan Law Review

The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …


Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment Apr 1931

Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment

Michigan Law Review

ln an action against an employer for personal injuries, after the plaintiff had testified as to negligence of a fellow servant, his signed statement detailing a contrary account of the injury was introduced. The trial judge charged that the statement was admissible only for the purpose of contradicting the plaintiff's testimony. Held, it was admissible as a declaration against interest with probative value, as well as to impeach the plaintiff's testimony. Pub. Utilities Corp. v. Carden (Ark. 1930) 32 S.W.(2d) 1058.


Evidence--Jury Trial Rules Of Evidence As Applicable To Administrative Tribunals, John K. Chase Apr 1931

Evidence--Jury Trial Rules Of Evidence As Applicable To Administrative Tribunals, John K. Chase

West Virginia Law Review

No abstract provided.


Degrees Of Secondary Evidence, Story Birdseye Feb 1931

Degrees Of Secondary Evidence, Story Birdseye

Washington Law Review

One of.the most ancient of all legal doctrines is the "best evidence rule," although originally it had a much broader meaning than at present. According to the early view, it meant that only the best evidence which could be produced was admissible, it was applicable to all classes of evidence and not confined to documents. In its modern application, however, the best evidence rule amounts only to the requirement that the contents of a written instrument must be proved by the introduction of the writing itself, unless its absence is satisfactorily accounted for. The reason for this law of evidence …


Evidence-Ballistics As Subject Matter Of Expert Testimony Feb 1931

Evidence-Ballistics As Subject Matter Of Expert Testimony

Michigan Law Review

W, among other things a professional expert witness and a ballistics expert, testified that the bullet found in the body of the deceased was fired from the gun identified as being that of the defendant. Held, the evidence was properly admitted. People v. Fisher et al. (Ill. 1930) 172 N.E. 743.


Indictments--Larceny--Description Of Stolen Money, Jack D. Jennings Feb 1931

Indictments--Larceny--Description Of Stolen Money, Jack D. Jennings

West Virginia Law Review

No abstract provided.


Evidence-Other Crimes Feb 1931

Evidence-Other Crimes

Michigan Law Review

Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.


Evidence-Res Gestae-Relevancy Jan 1931

Evidence-Res Gestae-Relevancy

Indiana Law Journal

No abstract provided.


Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner Jan 1931

Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner

Michigan Law Review

If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …


Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care Jan 1931

Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care

Michigan Law Review

This case was an administrator's action to recover damages for the death of the plaintiff's intestate who was struck by an automobile operated by the defendant. There were no eyewitnesses other than the decedent and the defendant. On trial the plaintiff introduced evidence of the defendant's negligence, but under the circumstances of the case, was unable to introduce affirmative evidence that the decedent was free from contributory negligence. Held, one judge dissenting, that there was no presumption that the decedent exercised due care, and therefore, the non-suit granted by the lower court was affirmed. Kotler v. Lalley (Conn. 1930) …


Evidence--Dying Declarations, F. H. Hankes Jan 1931

Evidence--Dying Declarations, F. H. Hankes

Kentucky Law Journal

No abstract provided.