...uncertainty, it follows that the judgment must be affirmed; for the application of the rule calling for the "best evidence of which the case in its nature is susceptible" is here obviated by the pleadings. The answer admits Caulder's interest in the particular lots in controversy...

...uncertainty, it follows that the judgment must be affirmed. For the application of the rule calling for the " best evidence of which the case in its nature is susceptible," is here obviated by the pleadings. The answer admits Caulder's interest in the particular lots in controversy...

...only error assigned. There is a rule of evidence that, when a party has it 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...

...consignee, to the master and sailors of a ship or vessel. Primary, lirst, or principal. Primary evidence, the best evidence of which the case in its nature is susceptible; original, as opposed to secondary, or derivative; used especially of doeuments. Primate, an Archbi5hop...

...religion has given us ? In all controverted questions of, facts in our courts the rule of law is, " that the best evidence of which the case in its nature is susceptible must be produced." This evidence the Spiritualists have presented to the world ; ie, they have clearly...

...evidence. One of the four "general rules as to relevancy" of evidence is thus stated by Greenleaf : "The best evidence of which the case in its nature is susceptible must always be produced." G-reenl. on Ev. [13 Ed.] p. 66, sees. 50, 82, 85, 88. Defendant objected...

...that this was to be left to the arbitrary rulings of each Post, without any guide. Under these rules the best evidence of which the case, in its nature, is susceptible must be produced. In the case of a written document, the instrument itself is the primary or best possible...

...secondary evidence. A fundamental in the rule of evidence is that which requires the production of the best evidence of which the case, in its nature, is susceptible. This rule naturally leads to the division of evidence into primary and secondary. Primary is that which...

...1 Green's Cr. Rep. 157. General reputation is sufficient to prove. McCoy v. Curtice. BEST EVIDENCE: The best evidence of which the case in its nature is susceptible shall be produced, 1 Gr. Ev. 82 99; 1 Wh. Ev. 00 76; 1 Rice Ev. 93 124; Rose. Cr. Ev. 1-14; 2 Best...

...I. ORIGIN OF THK RULE OP EVIDENCE. One of the fundamental rules of the Law of Evidence requires that the best evidence of which the case, in its nature, is susceptible, mus*. always be produced. As a corollary to this general and exclusive proposition, the law upon this...