 | Esek Cowen, Nicholas Hill - 1839 - 906 σελίδες
...receipts.) NOTE 421— p. 22h The English rule, though not explicitly stated in the text, is, that the witness may refresh his memory by any book or paper, if he can afterward swear to the fact from recollection ; but if he cannot so swear, any farther than as finding... | |
 | John Frederick Archbold - 1846 - 914 σελίδες
...be admitted to read his evidence; 5 St. Tr. 445; 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. Doe ». Perkins, 3 TR 749: and-see Borough v, Martin, 2 Camp. 112. If he know the fact,... | |
 | Georgia. Supreme Court - 1849 - 714 σελίδες
...Phil. Ev. 424. But such copies are not evidence in case of private bank books.. 12 Serg. If Rawl. 256. A witness may refresh his memory by any book or paper, if he can afterward swear to the fact from recollection, but if he can Williams r». Kelsey & Hnlsted. only swear... | |
 | John Simcoe Saunders - 1851 - 662 σελίδες
...(Thomas v. Newton, Moo. &i M. 43 ; R. v. Adey, 1 Moo. & R. 94). Memoradum, to refresh Witness's Memory^] A witness may refresh his memory by any book or paper,...if he can afterwards swear to the fact from his own recojk'ction ; but, if he cannot swear to the fact from his own recollection, any further than as finding... | |
 | 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 - 1880 - 910 σελίδες
...267; 1 Lindley on Partnership, 307, 341. Hiram BlaisdtU and Hatch A Cooley for defendants in error. A witness may refresh his memory by any book or paper...afterwards swear to the .fact from his own recollection, Henry v. Lee, 18 ECL, 544; Eambert v. Cohen, 4 Esp., 213 ; Jacob v. Lindsay, 1 East, 463; Downer v.... | |
 | Alexander Ralston Tiffany - 1859 - 656 σελίδες
...was applied in an action of trespass for killing a setter dog, to ascertain his value. — Ibid, 354. A witness may refresh his memory by any book or paper,...recollection ; but if he cannot swear to the fact from his own recollection, any further than as finding it entered in a book or paper, the original book... | |
 | William B. Wedgwood - 1866 - 492 σελίδες
...evidence from any written or printed paper. RULE 51. A witness may refresh his memory by inspecting a book or paper, if he can afterwards swear to the fact from his own recollection. If he cannot swear to the fact from recollection, any further than as finding it entered in a book... | |
 | Great Britain. Courts - 1869 - 620 σελίδες
...v. Perkins, hold his evidence admissible. In that case, it was distinctly laid down, that, although a witness may refresh his memory by any book or paper,...afterwards swear to the fact from his own recollection ; yet, if he cannot swear to the fact from recollection, any further than as finding it entered in... | |
 | Ephraim Arnold Jacob - 1884 - 890 σελίδες
...receipt stamp. Maugham v. Uubbarfl, 2 M. & B. 5 ; 8 B. & C. 14.' A witness may refresh his memory by »nr book or paper, if he can afterwards swear to the fact...swear to the fact from recollection, any farther than as finding it entered in a book or a paper, the original book or paper must be produced. Doed. Church*.... | |
 | Virginia. Supreme Court of Appeals - 1892 - 902 σελίδες
...tends to support the doctrine. The point decided therein, as stated in the marginal abstract, was 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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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... 
