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" The rule of law is, that the best evidence must be given of which the nature of the thing is capable ; that is, that no evidence shall be received which presupposes greater evidence behind, in the party's possession or power. "
XX Century Cyclopaedia and Atlas: Biography, History, Art, Science and ... - Página 448
1901
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 páginas
...Evidence is to be produced, which the Nature ef the Gate admit*. • THE next general rule is, that the best evidence must be given of which the nature of the thing is capable (i). The true meaning of this rule is, not, that courts of law require the strongest possible assurance...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volumen7

Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 696 páginas
...Miller and Co., or to the London market. In Williams v. The East India Company, it was established that the best evidence must be given of which the nature of the thing is capable, and that the plaintiff there should have proved that the defendants did not give notice ; and for that...
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A Practical Treatise on the Criminal Law: Comprising the Practice ..., Volumen1

Joseph Chitty - 1819 - 852 páginas
...committed (J). It is a general rule which runs alike through civil and crimi- When sufnal proceedings, that the best evidence must be given, of which the nature of the case will allow. By this it is intended that no best eviproof can be admitted, which supposes from...
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The Justice of the Peace, and Parish Officer, Volumen1

Richard Burn - 1820 - 894 páginas
...made evident to the jury. 1 Inst. 283. But it is a general rule in all cases, civil and criminal, that the best evidence must be given, of which the nature of the thing is capable. Gilb. Ev. 13. Bull. NP 293. The true meaning of this rule is. not that courts of law require the strongest...
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A Treatise on the Law of Evidence, Volumen1

Samuel March Phillipps - 1820 - 838 páginas
...Evidence is to be produced, nhich the Nature of the Case admits. • THE next general rule is, that the best evidence must be given of which the nature of the thing is capable.(l)(V<^ The true meaning of this rule is, not that courts of law require the strongest possible...
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Reports of Cases Argued and Determined in the Ecclesiastical Courts at ...

Jesse Addams - 1823 - 598 páginas
...assertion has proceeded from an utter misconception, as I take it, of the true meaning of the maxim, that " the best evidence must be given, of which the nature of the thing is capable." But the application, at all, of that rule (into the true meaning of which this is not the right place...
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The Justice of the Peace and Parish Officer, Volumen2

Richard Burn - 1831 - 1154 páginas
...Confessions ; 7. Opinions; 8. Evidence of character. (I.) Crit ISbfoeiur. It is a general rule that the best evidence must be given of which the nature of the thing is capable. Gilb. Ev. 13. Bull. NP 293. The true meaning of this rule is, not t.iat the courts of law require the...
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Reports of Cases Argued and Determined in the English Ecclesiastical Courts ...

Great Britain. Courts - 1831 - 564 páginas
...has proceeded from an, utter misconception, as I take it, of the true meaning of the maxim, that " the best evidence must be given, of which the nature of the thing is capable." But the application, at all, of that rule (into the true meaning of which this is not the right place...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1831 - 788 páginas
...stamped. Paul v. Meek,2Y.andJ.n6. SECONDARY EVIDENCE. It is a general rule, as already stated, that the best evidence must be given of which the nature of the case is capable. B. JV. P. 293. Secondary evidence therefore is inadmissible, unless some ground be...
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Epitome of the Laws of Nova-Scotia, Volumen3

Beamish Murdoch - 1833 - 254 páginas
...and place to be stated on the record, but it is not always necessary to prove the date to be correct. The best evidence must be given of which the nature of the case is susceptible. This rule is understood thus :— That if a party offer to prove a fact by evidence...
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