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" ... reason to scrutinize the testimony of the witness. The evidence is, therefore, brought within the principle of the common-law rule. But furthermore, the provision of the Code (§ 830) is explicit that where a party has died since the trial of an action,... "
A General Abridgment of Law and Equity: Alphabetically Digested Under Proper ... - Σελίδα 132
των Charles Viner - 1792
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Reports of Cases Argued and Adjudged in the Courts of King's Bench and ...

Great Britain. Court of King's Bench, Robert Raymond Baron Raymond - 1790 - 834 σελίδες
...former trial, and frf) Semb. act. gaVe evidence, and died ; the matter (J) that he depoW Vr- »6*. at the former trial may be given in evidence at another...trial, by any perfon who heard him fwear it at the forme: ttial. (t) Vide Bull f th ?d. 132. ft. Hockley verj". Lamb, IT was ruled by Hoff chief juftice,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 91

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 790 σελίδες
...that where a party has died since the trial of an action, the testimony of the decedent, taken or read in evidence at the former trial, may be given in evidence at a new trial, by either party, subject to certain objections, etc., and it imposes no condition that...

The New York Supplement, Τόμος 7

1890 - 1110 σελίδες
...that "of any person who is rendered incompetent by the provisions of the last section, taken or read in evidence at the former trial, " may be given In evidence at a new trial. 6. APPEAL — OBJECTIONS NOT RAISED BELOW. A party who has submitted to, and conceded,...




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