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" But the necessity which calls for this exception for the wife's security is described to mean, " not a general necessity, as where no other witness can be had, but a particular necessity, as where, for instance, the wife would otherwise be exposed, without... "
Reports of Cases Argued and Determined in the Court of King's Bench: By the ... - Σελίδα 424
των Great Britain. Court of King's Bench - 1831
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 31

Arkansas. Supreme Court - 1877
...incompetent? The rule which excludes the husband or wife, except in a case of particular necessity, as when, for instance, the wife would otherwise be exposed, without remedy, to personal injury, from being a witness for or against the other, has never been extended to any other than lawful marriages,...

A Treatise on the Law of Evidence, as Administered in England and ..., Τόμος 2

John Pitt Taylor - 1848 - 1386 σελίδες
.... But the necessity, which demands this exception for the wife's security, is described to mean, " not a general necessity, as where no other witness...otherwise be exposed without remedy to personal injury" (h). Thus, a woman is clearly a competent witness against a man indicted for forcible abduction with...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 93

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 - 1893
...partly for the sake of public justice." This necessity is described by Lord Mansfield to mean, — "Not a general necessity, as where no other witness...otherwise be exposed, without remedy, to personal injury." Bentley r. Cooke, 3 Doug. 422. In 1 East, P. 0. 455, Mr. East regards it as settled that— "In all...

A Treatise on the Law of Evidence, Τόμος 1

Simon Greenleaf - 1866 - 675 σελίδες
...justice. But the necessity which calls for this exception for the wife's security is described to mean, " not a general necessity, as where no other witness...otherwise be exposed, without remedy, to personal injury." 2 Thus, a woman is a competent witness against a man indicted for forcible abduction and marriage,...

Criminal Procedure; Or, Commentaries on the Law of Pleading and ..., Τόμος 2

Joel Prentiss Bishop - 1880
...to be disturbed by the parties testifying in each other's causes " is not," said Lord Mansfield, " a general necessity, as where no other witness can...otherwise be exposed without remedy to personal injury." 3 § 70. Presumption as to Chastisement — Where the alleged assault is by a parent on his child,...

The Pacific Reporter, Τόμος 106

1910
...in 3 Douglas, 422, there is some necessity, "not a general necessity as where no other witness con be had, but a particular necessity, as where, for Instance, the wife be otherwise exposed without remedy to personal injury." Public policy as at present defined demands...

The Southwestern Reporter, Τόμος 76

1904
...for the wife's security Is described to mean, 'not a general necessity, as where no other witnesses can be had, but a particular necessity, as where,...otherwise be exposed, without remedy, to personal Injury.' Thus a woman is a competent witness against a man indicted for forcible abduction and marriage, if...

The Southwestern Reporter, Τόμος 231

1921
...wife's security is described to mean, 'not a general necessity, as where no other witnesses can lie had, but a particular necessity, as where, for instance,...otherwise be exposed, without remedy, to personal injury.' Thus a woman is a competent witness against a man indicted for forcible abduction and marriage, if...

The Northwestern Reporter, Τόμος 53

1893
...and partly for the sake of public justice." This necessity is described by Lord MANSFIELD to mean, "not a general necessity, as where no other witness...necessity, as where, for Instance, the wife would beotherwise exposed, without remedy, to personal injury or brutal treatment. " Bently v. Cooke, 3 Doug....

Rules of Evidence as Prescribed by the Common Law: For the Trial of Actions ...

George William Bradner - 1898 - 889 σελίδες
...their confidential communications. These, exceptions are allowed from the necessity of the case — not a general necessity, as where no other witness can be had, but a particular necessity; us where, for instance, the one would otherwise be exposed, without remedy, to personal injury. 1 Thus,...




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