Ecclesiastical Law And Rules of Evidence With Special Reference to the Jurispru
Ecclesiastical Law And Rules of Evidence With Special Reference to the Jurispru
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2 1 6), that if the subscribing witness deny the execution of a deed, you may prove it aliunde. From these considerations, that we are unfettered by any positive adjudication anterior to the Revolution, that the party's own confession Is the highest evidence, and that you may contradict the subscribing witness, I think it results that an Instrument, though attested by a subscribing witness, may be proved by the confession of the party who gave it. Allowing evidence of confession does not touch ...upon the rule that requires the best evidence of whicii the nature of the case is susceptible. That rule means only that inferior evidence shall not be given when higher evi- dence is in the possession of the party, or Is presumed to be within his power. The confession of a party that he gave a note, or any instrument precisely iden- tified. Is as high proof as that derived from a subscribing witness. The notion that the persons who attest an instrument are the only witnesses agreed upon to prove it, is not conformable to the truth of transactions of this kind, and, to speak with all possible delicacy, Is an absurdity.
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To quickly assess the difficulty of the text, read a short excerpt:
2 1 6), that if the subscribing witness deny the execution of a deed, you may prove it aliunde. From these considerations, that we are unfettered by any positive adjudication anterior to the Revolution, that the party's own confession Is the highest evidence, and that you may contradict the subscribing witness, I think it results that an Instrument, though attested by a subscribing witness, may be proved by the confession of the party who gave it. Allowing evidence of confession does not touch ...upon the rule that requires the best evidence of whicii the nature of the case is susceptible. That rule means only that inferior evidence shall not be given when higher evi- dence is in the possession of the party, or Is presumed to be within his power. The confession of a party that he gave a note, or any instrument precisely iden- tified. Is as high proof as that derived from a subscribing witness. The notion that the persons who attest an instrument are the only witnesses agreed upon to prove it, is not conformable to the truth of transactions of this kind, and, to speak with all possible delicacy, Is an absurdity.
What to read after Ecclesiastical Law And Rules of Evidence With Special Reference to the Jurispru?
You can find similar books in the "Read Also" column, or choose other free books by Henry, William J to read onlineMoreLess
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