| Samuel March Phillipps - 1838 - 1358 páginas
...hearsay. Such de- Absence ni inclarations, says Lord Chief Justice Eyre, are made in extremity, lctest' when the party is at the point of death, and when...to speak the truth ; a situation so solemn, and so impending '«• • Iribution. awful, he observed, is considered by the law as creating an obligation... | |
| Arkansas. Supreme Court - 1841 - 662 páginas
...presence. The principle on which this evidence is admitted, is, that they are declarations made m exlrcmis, when the party is at the point of death, and when...this world is gone; when every motive to falsehood is silent, and the mind is induced by the most powerful considerations to speak the truth. A situation... | |
| Frederick Augustus Carrington, Great Britain. Courts, Andrew Valentine Kirwan - 1845 - 824 páginas
...(a), it is laid down, that " the general principle on which this species of evidence is admitted is, that they are declarations made in extremity, when...party is at the point of death, and when every hope in this world is gone, when every motive to falsehood is silenced, and the mind is induced, by the... | |
| Edward William Cox - 1846 - 598 páginas
...(vol. 2, p. 752), it is said, "The general principle on which this species of evidence is admitted is, that they are declarations made in extremity, when the party is at the point of death." Unless that be the correct rule, unless there must be an apprehension of immediate death, the declarations... | |
| John Pitt Taylor - 1848 - 764 páginas
...The general principle on which this species of evidence is admitted, was stated by Lord Chief Baron Eyre to be this — " that they are declarations made...extremity when the party is at the point of death, aud when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind... | |
| Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 páginas
...person making it was not finally sworn; for as is observed by Lord CB Eyre, in a case of this kind, "when the party is at the point of death, and when...silenced and the mind is induced by the most powerful consideration to speak the truth; a situation So solemn and so awful is considered by the law as creating... | |
| North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1855 - 512 páginas
...which then generally prevailed, that dying declarations were admissible upon the general principle " that they are declarations made in extremity, when...every motive to falsehood is silenced, and the mind is influenced by the most powerful considerations to speak the truth : a situation so solemn and so awful... | |
| Edmund Powell - 1856 - 456 páginas
...Woodcoch,i Eyre, CJ, said: — "The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when...and so awful is considered by the law as creating ail obligation equal to that which is imposed by a positive oath administered in a Court of Justice."... | |
| Edmund Powell - 1856 - 374 páginas
...Woodcock,1 Eyre, CJ, said: — "The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when...situation so solemn and so awful is considered by 1 1 Leach CC 502. the law as creating an obligation equal to that which is imposed by a positive oath... | |
| Henry Richard Dearsly - 1858 - 664 páginas
...declaration is received is, that it is made when the patient is at the point of death, when every hope in this world is gone, when every motive to falsehood...is induced by the most powerful considerations to utter the truth. The rule excluding hearsay evidence is in such a case dispensed with, because a situation... | |
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