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" Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it... "
Questions and Answers on Law: Alphabetically Arranged. With References to ... - Sivu 145
tekijä(t) Asa Kinne - 1852
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 880 sivua
...upon a mutter of science, in which case such evidence is admissible. But where the facts. admitted are not disputed, and the question becomes substantially...same cannot be insisted on as a matter of right." Further, on the principle expressed by the maxim, Cuilibet in sud arte pcrito est credendum, ship-builders...

The Indian Code of Criminal Procedure

Fendall Currie - 1874 - 360 sivua
...upon a matter of science, in which case such evidence is admissible. But where the facts admitted are not disputed, and the question becomes substantially...the same cannot be insisted on as a matter of right" (Ex. BLM, 4th edition, p. 898). The Madras Jurist of the ist January, 1872, had a very good article...

Commentaries on the Indian Penal Code (Act XLV of 1860)

India - 1874 - 656 sivua
...are admitted or not disputed, and the question becomes substantially one of science only, it may he convenient to allow the question to be put in that general form, though the same cannot be insisted oil as a matter of right." It is a wise caution which was given by Boron Hiune not "to receive as evidence...

Civil malpractice: a treatise on surgical jurisprudence

Milo Adams McClelland - 1877 - 588 sivua
...under any, and what, delusion at the time ? ' The answer, delivered by TrNDAL, CJ, was as follows: ' We think the medical man, under the circumstances...same cannot be insisted on as a matter of right.' This was received and acted upon by the House of Lords, and must, as the decision of the highest appellate...

A Treatise on Crimes and Misdemeanors, Nide 1

William Oldnall Russell, Charles Sprengel Greaves - 1877 - 898 sivua
...facts deposed to, which it is'for the jury to decide, and the questions are not questions upon a mere "(s) (») 1 C. 4 K. 130 (47 ECLR) ; 10 C. & F. 200. Maule, J., after expressing the difficulty he felt...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Nide 78

North Carolina. Supreme Court - 1878 - 692 sivua
...matter of science, In which case such evidence is admissible. But where the facts are admitted or iiot disputed, and the question becomes substantially one...same cannot be insisted on as a matter of right." Regina v. Higyinson, 47 ECL Rep. 129 note a. The proper mode of examination of experts is thus declared...

Reports of cases argued and determined in the Supreme court of New Brunswick ...

James Hannay - 1878 - 532 sivua
...admisKey v. Thomson. sible; but where the facts are, admitted or not disputed, and .the question becomes one of science only, it may be convenient to allow...same cannot be insisted on as a matter of right."., This. was received and acted on by the House of Lords, and must, as the decision of the highest appellate,...

Criminal Procedure, Or, Commentaries on the Law of Pleading and ..., Nide 2

Joel Prentiss Bishop - 1880 - 820 sivua
...books themselves cannot in strictness be read to the jury, though this is sometimes done in practice. 9 decide, and the questions are not mere questions upon...same cannot be insisted on as a matter of right." p. 135 of the report in 1 Car. & K. See also People w. Lake, 2 Kernan, 358 ; Spear v Richardson, 37...

A Digest of the Law of Scotland: With Special Reference to the Office and ...

Hugh Barclay - 1880 - 922 sivua
...jury to decide ; and the questions are not mere questions upon a matter of science, in which case the evidence is admissible. But where the facts are admitted...same cannot be insisted on as a matter of right.' the evidence and acts of the accused shortly before and down to the commission of the alleged crime.'...

Papers Read Before the Medico-Legal Society of New York from Its Organization

Medico-Legal Society, Medico-Legal Society of New York - 1882 - 566 sivua
...which all the other judges concurred (Mr. Justice Maule absent), as follows : " We think the medidal man, under the circumstances supposed, cannot in strictness...that general form, though the same cannot be insisted upon as a matter of right." The rule is and the New York Supreme Court have so held (People vs. Thurston,...




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