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" In that case, it was distinctly laid down, that, although a witness may refresh his memory by any book or paper, if he can afterwards swear to the fact from his own recollection... "
A Digested Index to the Crown Law: Comprehending All the Points Relating to ... - Σελίδα 55
των Harold Nuttall Tomlins - 1816 - 192 σελίδες
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A Digested Index to the Term Reports: Containing All the Points of Law ...

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - 1812 - 666 σελίδες
...witnesses, in order to discredit the whole of this testimony. . • Spencel y qtv U'illiilt. 7 ER 108 4. \ witness may refresh his memory by any book or paper,...any farther than in finding it entered in a book or papi т, the original book or paper must b<> produced. Doed.Chwch\. J'trkins. 3 Т.К. 749 5. A., captain...

Term Reports in the Court of King's Bench, Τόμος 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...judgment, and a writ of error brought. A witness may refresh his memory by u*y book or paper, it'hc can afterwards swear to the fact from his own recollection. But if he cannot swear to the fact trom recollection any farther than as tindiug it entered in a hook or paper, the original book or paper...

Term Reports in the Court of King's Bench, Τόμος 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...these two, namely, the cases of pedigrees and prescriptions ? ii>. 19. A witness may refresh bis memon by any book or paper, if he can afterwards swear to the fact from ti» own recollection : but if he cannot swear to the fact from recollection any further than as finding...

A Summary of the Law Relative to Pleading and Evidence in Criminal Cases ...

John Frederick Archbold - 1822 - 437 σελίδες
...be admitted to read his evidence ; 5 St. TV. 455 ; but he will be allowed to refresh his memory from any book or paper, if he can afterwards swear to the fact from his recollection. 3 TR 749. and see 2 Camp. 112. If he know the fact, however, only from seeing it in the...

The Magistrate's Pocket-book, Or, An Epitome of the Duties and Practice of a ...

William Robinson - 1825 - 446 σελίδες
...by look- witness may refer ing at and referring to any memoranda made by to memorandahimself, and to any book or paper, if he can afterwards swear to the fact from his own recollection. 16. Hearsay evidence not admissible. Hearsay. 17. Evidence for and against a prisoner ought to ' B'...

Summary of the Duties of a Justice of the Peace Out of Sessions: With Some ...

Henry James Pye - 1827 - 295 σελίδες
...witness, though ihejirst cannot; the second marriage being void. A witness may assist his memory by a book or paper, if he can afterwards swear to the fact from his own recollection, but not else. In criminal cases a lord of parliament must be sworn : this used to extend also to quakers,...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench - 1829
...held that the witness might refresh his memory by referring to the accounts. (c)5D.&R.512; 3B.&C.690. his memory by any book or paper, if he can afterwards...swear to the fact from recollection, any farther than as finding it entered in a book or paper, the original book or paper must be produced. Doe v. Perkins...

The Practice in Civil Actions and Proceedings at Law in the State of New ...

Elijah Paine, William Duer - 1830
...cannot, therefore, be permitted to read bis evidence f* but he will be allowed to refresh his memory from any book or paper, if he can afterwards swear to the fact from his recollection.35 Neither party is allowed to call witnesses to disprove what his own witnesses have...

An Analytical Digest of All the Reported Cases Determined in the ..., Τόμος 2

Samuel Bealey Harrison - 1835
...&C. 14. A witness may refresh his memory by any Jook or paper, if he can afterwards swear to the act from his own recollection ; but if he cannot swear to the fact from recollection, any farther han as finding it entered in a book or paper, the original book or paper must be produced. Doe A. Church...

Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1837
...without the production of the book itself. He cited Doe d. Church v. Perkins (a), where it was held that a witness may refresh his memory by any book or paper,...he cannot swear to the fact from recollection any further than as finding it entered in a book or paper, the original book or paper must be produced....




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