 | 1865 - 504 páginas
...or remains abroad, or sejretes himself, or, in fine, does any other act material to be understood, his declarations made at the time of the transaction,...therefore admitted in proof, like any other material facta They are part of the res gesta." In a note to this section, the learned Atnercan editor of the... | |
 | 1865 - 444 páginas
...or changes his actual residence, or is upon a journey, or leaves his home, or returns thither, .... his declarations made at the time of the transaction,...character, motive, or object, are regarded as verbal acte, indicating a present purpose and intention, and are therefore admitted in proof like any other... | |
 | Simon Greenleaf - 1866 - 756 páginas
...or remains abroad, or secretes himself; or, in fine, does any other act, material to be understood ; his declarations, made at the time of the transaction,...therefore admitted in proof like any other material facts.8 So, upon an inquiry as to the state of mind, sentiments, or dispositions of a person at any... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1870 - 616 páginas
...pertinent evidence for the purpose of showing what was the true character of the defendant's contract. Such declarations, made at the time of the transaction,...and expressive of its character, motive, or object, arc to be regarded, as has beeu well said, as 'verbal acts, indicating a present purpose and intention,'... | |
 | William Woods Holden - 1871 - 1080 páginas
..." the transaction, and evpressive of its character, motive, or " object, are regarded as " ve»b?il acts," indicating a present <' purpose and intention,...proof, "like any other material facts ; so, upon an enquiry as to the " state of mind, sentiments, or dispositions of a person at any " particular period,... | |
 | Francis Hilliard - 1873 - 852 páginas
...declarations does not apply to declarations accompanying acts, or making part of the res gestoe? These are regarded as verbal acts, indicating a present purpose and intention, and are admissible, like any other material fact, for what they are worth.9 § 11. Perhaps the most frequent... | |
 | Iowa. Supreme Court - 1874 - 776 páginas
...act material to be understood, his declarations made at the time of the transaction, and experience of its character, motive, or object, are regarded...admitted in proof like any other material facts." Ib. Within the principle of these illustrations the evidence sought to be introduced clearly falls.... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1874 - 616 páginas
...ordinary and natural consequences of his own acts ; and declarations made at the time of the transaction, expressive of its character, motive or object, are...present purpose and intention, and are, therefore, admissible in proof, like other material facts, as part of the res gesta. But when the declaration... | |
 | William A. Shinn - 1876 - 624 páginas
...thither, or remains, or secretes himself, or, in fine, does any other act, material to be understood, his declarations made at the time of the transaction,...an inquiry as to the state of mind, sentiments, or opinions of a person at any particular period, his contemporaneous declarations are admissible as part... | |
 | William Oldnall Russell, Charles Sprengel Greaves - 1877 - 780 páginas
...abroad, or secretes himself, or, in fine, does any other act material to be understood ; his declaration made at the time of the transaction, and expressive...therefore admitted in proof like any other material facts. They are part of the res gestse.(n) Thus, where a constable, who was indicii'd for a forcible entry... | |
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... does any other act material to be understood ; his declarations made at the time of the transaction, and expressive of its character, motive, or object, are regarded as " verbal acts, indicating a present purpose and intention," and are therefore... 
