 | 1843 - 506 páginas
...proving a proposition or issue, lies on the party holding the affirmative. And the fourth is, that the best evidence, of which the case, in its nature, is susceptible, must always be produced. These are all considered in their natural order. The subject of Hearsay next... | |
 | Alabama. Supreme Court - 1893 - 776 páginas
...only error assigned. There is a rule of evidence, that when a party has in his possession, or power to produce, the best evidence of which the case in its nature is susceptible, and withholds it, the fair presumption is, that he withholds it from some sinister motive, and that... | |
 | John Pitt Taylor - 1848 - 764 páginas
...proposition at issue lies on the party holding the substantial affirmative. And the fourth is, that the best evidence, of which the case in its nature is susceptible, must always be produced. These rules we shall now consider in their ordev. § 143. The pleadings, at... | |
 | 1851 - 508 páginas
...the only attainable proof, should be rejected. The best evidence should always be required — " not the best evidence of which the case in its nature is susceptible" but the best evidence, which exists and is attainable. The theoretically best evidence may have ceased... | |
 | 1851 - 598 páginas
...the only attainable proof, should be rejected. The best evidence should always be required — " not the best evidence of which the case in its nature is susceptible" but the best evidence, which exists and is attainable. The theoretically best evidence may have ceased... | |
 | Georgia. Supreme Court - 1851 - 716 páginas
...sustained. Was the parol proof admissible on the original trial ? [1.] The law requires the production of the best evidence of which the case, in its nature, is susceptible, for the obvious reason, that if this is withheld, it is fair to presume that the party had some sinister... | |
 | Connecticut. Supreme Court of Errors - 1894 - 712 páginas
...and certainly should have been, covered by his deposition or oral testimony. The cardinal rule that " the best evidence of which the case in its nature is susceptible" must be produced, requires that "no evidence shall be received which is merely substitutionary in its... | |
 | John Bouvier - 1855 - 774 páginas
...accessory or secondary obligation to pay damages for not doing so. 1 Bouv. Inst. n. 702. PRIMARY EVIDENCE. The best evidence of which the case in its nature is susceptible. 3 Bouv. Inst. n. 3053. Vide Evidence. PRIMARY POWERS. The principal authority given by a principal... | |
 | 1862 - 422 páginas
...always be required, the best existing and attainable evidence should not be excluded, because it is not "the best evidence of which the case in its nature is susceptible." 3. That the best mode of extracting testimony, orally, in public, and before the tribunal which is... | |
 | John Hubert Plunkett, William Hattam Wilkinson - 1860 - 642 páginas
...264). As to variances and amendments, see " Justices." II. THE BEST EVIDENCE. The best Evidence"]. — The best evidence of which the case in its nature is susceptible shall be adduced to prove every disputed fact. This rule is adopted for the prevention of fraud, for... | |
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It is an elementary principle of the law of evidence that the best evidence of which the case in its nature is susceptible... 
