Select Cases on the Law of Evidence as Applied During the Examination of Witnesses
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Select Cases on the Law of Evidence as Applied During the Examination of Witnesses

Select Cases on the Law of Evidence as Applied During the Examination of Witnesses


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About the Book

General Books publication date: 2009 Original publication date: 1895 Original Publisher: The Diossy Law Book Co. Subjects: Evidence (Law) Witnesses Law / Civil Procedure Law / Evidence Law / Witnesses Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Note on What Law Governs Evidence. NOTE ON WHAT LAW GOVERNS EVIDENCE AS TO COMPETENCY. As to time. -- The law in force at the time the witness is examined determines his competency. Tho fact that the communication as to which he is interrogated was privileged and incompetent at the time when it was made, and even at the time when the action was commenced, does not prevent the application of the rule of competency existing at the time of receiving- the testimony at the trial, unless the statute is so expressed as to prevent it. Southwick v. Southwick, 49 N. Y., 510; Comins v. Hetfleld, 80 N. Y., 261. As to ]liiee. -- The law of the place of the jurisdiction of the court determines the question of the competency of evidence; and testimony incompetent by that law must be excluded, although it was competent at the place where the testimony was taken by deposition or by the law of the place where the contract was made. King v. Worthington, 104 U. S., 44. KING v. WOETHINGTON. Supreme Court of the United States, 1881. [Reported in 104 U. S., 44.] In case of a conflict between the state ami federal law as to competency of witnesses, the latter must govern in a federal court. Where a cause has been removed from a state to a federal court, the fact that while pending in the state court, a witness was held by that court to be incompetent under the state law, does not affect his competency to testify in the cause after its removal to the federal court. Suit in equity...


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Product Details
  • ISBN-13: 9781150159794
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 152 mm
  • No of Pages: 576
  • Spine Width: 33 mm
  • Width: 229 mm
  • ISBN-10: 1150159790
  • Publisher Date: 17 Dec 2009
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 835 gr


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