Ecclesiastical Law And Rules of Evidence, With Special Reference to the Jurisprudence of the Methodist Episcopal Church
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588. ' Reg v. Milton, 1 C. & K. 58.
' Thompson, J., said: "It seems to be well settled, and indeed is not denied by the plaintiff's counsel, that wliere a person who gave evidence on a former trial between the same parties in the usual and ordinary course of proceeding in courts of justice be dead, upon due proof of such trial, and the death of the wit- ness, it is competent to prove what such witness had formerly sworn. 1 Strange, 162; 3 Burr. 1255; 2 Lord Raym. 1166; 2 P. Wms. 563; 2 Shower, ...47; Lil.
Ab. 765). But it is said that this rule ought not to be extended to testimony taken before the Onondaga commissioners. I am unable, however, to discover any substantial reason for the distinction. These commissioners were duly con- stituted a tribunal to hear and determine disputes relative to the very land in question, and to administer an oath to witnesses. Opportunity was given for cross-examining witnesses; and it appears that the title now in question was actually litigated before the commissioners.
What to read after Ecclesiastical Law And Rules of Evidence, With Special Reference to the Jurisprudence of the Methodist Episcopal Church?
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To quickly assess the difficulty of the text, read a short excerpt:
588. ' Reg v. Milton, 1 C. & K. 58.
' Thompson, J., said: "It seems to be well settled, and indeed is not denied by the plaintiff's counsel, that wliere a person who gave evidence on a former trial between the same parties in the usual and ordinary course of proceeding in courts of justice be dead, upon due proof of such trial, and the death of the wit- ness, it is competent to prove what such witness had formerly sworn. 1 Strange, 162; 3 Burr. 1255; 2 Lord Raym. 1166; 2 P. Wms. 563; 2 Shower, ...47; Lil.
Ab. 765). But it is said that this rule ought not to be extended to testimony taken before the Onondaga commissioners. I am unable, however, to discover any substantial reason for the distinction. These commissioners were duly con- stituted a tribunal to hear and determine disputes relative to the very land in question, and to administer an oath to witnesses. Opportunity was given for cross-examining witnesses; and it appears that the title now in question was actually litigated before the commissioners.
What to read after Ecclesiastical Law And Rules of Evidence, With Special Reference to the Jurisprudence of the Methodist Episcopal Church?
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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