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action acts admissible admitted affect agent alleged allow appear asked attorney authority Bank bearing brought burden called cause character charged circumstances City claimed common Comp competent competent to show condition contents contract conversation copy corporation counsel court criminal cross-examination deceased deed defendant defendant's Detroit direct error establish Estate evidence examination excluded existence fact fraud give given ground held husband impeached incompetent injury intent interest introduced involved issue judicial jury knowledge land letter material matters ment Mich Michigan notice objection offered officer original particular party permit person plaintiff possession present presumed presumption prior proceedings produce proof proper prosecution prove question railroad reason received record relation Relevancy res gestae rule shown Smith statements statute subsequent suit taken tending to show testify testimony tion transaction trial unless wife witness written
Pàgina 336 - A husband cannot be examined for or against his wife without her consent ; nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Pàgina 805 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Pàgina 417 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Pàgina 92 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...
Pàgina 277 - But, to this end, they must be distinct and formal, or such as are termed solemn admissions, made for the express purpose of alleviating the stringency of some rule of practice, or of dispensing with the formal proof of some fact at the trial.
Pàgina 336 - ... where the cause of action grows out of a personal wrong or injury done by one to the other, or grows out of the refusal or neglect to furnish the wife or children with suitable support, and except in cases...
Pàgina 205 - It may be mentioned in this place, that though papers and other subjects of evidence may have ,been illegally taken from the possession of the party against whom they are offered, or otherwise unlawfully obtained, this is no valid objection to their admissibility, if they are pertinent to the issue. The court will not take notice how they were obtained, whether lawfully or unlawfully, nor will it form an issue, to determine that question.
Pàgina 561 - A copy of the judicial record of a foreign country is also admissible in evidence, upon proof: 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; 2.
Pàgina 236 - The unwritten, or common law of any other state, or territory, or foreign government, may be proved as facts by parol evidence ; and the books of reports of cases adjudged in their courts, may also be admitted as presumptive evidence of such law.
Pàgina 484 - The Constitution gives the accused the right to a trial at which he should be confronted with the witnesses against him ; but if a witness is absent by his own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away.