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§ 27. Evidence of custom: Admissability and weight.
Competence of Evidence: Hearsay.
§ 35. The nature of competence......
§ 36. Hearsay evidence in general inadmissible....
Reasons for rejection of hearsay evidence..
Hearsay evidence sometimes admissible...
§ 37.
§ 38.
§ 41. Evidence disclosed by forced confessions......
§ 42. Confessions admissible though obtained by artifice....
§ 43. The weight of confessions.....
SECTION 2.
Admissions.
844. Admissions competent on same theory as confessions..... 39
§ 45. Same: Illustration
....
§ 46. Admissions in evidence distinguished from those in plead-
ings or in court....
§ 47. Admissions by conduct
§ 48. Admissions by silence
§ 49. Admissions in testimony in other cases.....
§ 50. First-hand knowledge not a requisite of admissions..
§ 51. Admissions of agents.
§ 52. Same: Scope of rule....
§ 53. Same: Limits of rule.....
§ 54. Admissions of predecessors in title........
855. Admissions of joint conspirators....
40
SECTION 3.
Declarations Against Interest.
§ 56. Entries and declarations against interest.....
§ 57. Nature of entries against interest as evidence.....
SECTION 4.
Entries in Course of Business.
§ 58. Entries in course of business....
.....
59. Ground of admitting entries in course of business..... 50
60. Entries admissible even though made by party to suit.... 51
Requisites of entries in the course of business....
§ 61.
§ 62. Matters provable by entries in course of business....
§ 63. Authentication of entries in course of business.
§ 64.
§ 65.
Method of authentication when maker of entries unavail-
able...
Only original entries admissible..
§ 71.
Former testimony admissible against successors in inter-
est ....
§ 72. Depositions and former testimony in criminal cases...
§ 73. Affidavits
...
SECTION 6.
Declarations Concerning Pedigree.
74. Declarations as to pedigree...
§ 75. Same: From whom admissible..
§ 76. Pedigree of illegitimates..
§ 77. Declarations must be free from bias......
SECTION 7.
Certain Matters of Public Notoriety.
§ 78. Public matters
79. Reputation as to present matters...
§ 83. Expectation of immediate death essential..
§ 84. Effect of belief in a hereafter....
SECTION 11.
Res Gestae.
§ 85. Declarations forming part of transaction in issue......
§ 86. Exclamations and statements accompanying acts....
§ 87. Same: When made too late....
SECTION 12.
Statements of Condition or Intention.
Statements of physical condition...
70
71
72
73
74
75
§ 88.
§ 89. Same: Some stricter views....
§ 90. Statements of mental condition.
§ 91. Statements of intention.....
§ 92.
Same: In case of wills. Principle involved..
Attesting Witnesses and Ancient Documents.
§ 99. Proof of attested documents......
§100. Proof of execution of ancient documents..
Parol Evidence Rule.
§101. The parol evidence rule.....
$102. Evidence as to character of transaction..
§103. Oral declarations not admissible to add terms to a writing. 90
$104. Merger of negotiations in executed contracts..
§105. Evidence of trade custom.....
§106. Custom must not be inconsistent with writing...
91
92
93
§107. Oral declarations admissible as to collateral matters...... 94
§108. Oral declarations admissible regarding contracts only
partly written
§109. Oral declarations in case of fraud or mistake....
§109a. Reformation of written instruments for mistake.
§110. No reformation in case of wills.....
§111. Oral declarations in regard to public records.........
Extrinsic Evidence to Interpret Writings.
95
96
97
.98
99
$112. Oral declarations in the interpretation of writings.......
§113. Customary meaning of terms....
§114. Construction of wills....
evidence
..100
....101
§115. Wills sometimes not open to interpretation by extrinsic
§116. Extrinsic evidence often received in aid of interpretation..101
§119. Opinion admissible in matters otherwise difficult to de-
scribe ....
.106
$120. Opinion evidence from unskilled witnesses..
..107
$121. Opinions in matters involving special skill or experience..108
$122. Opinion as to hand-writing: In England...
Evidence Incompetent on Account of Character or Circum-
stances of Parties.
$128. Parties as witnesses in their own behalf.....
§129. Testimony to transactions with deceased persons.
§130. Testimony of husband and wife.....
§131. Same: Suits between spouses....
§132. Testimony of attorney and client....
$133. Physicians nd clergymen...
.116
..116
...118
...119
..120
..122
...122
$134. Proposals of compromise...
$135. Facts stated in compromise negotiations..
CHAPTER VI.
Attendance and Examination of Witnesses.
SECTION 1.
Attendance of Witnesses.
$136. Persons amenable to service as witnesses...
.124
..125
..127
$137. Privilege of witness in not answering particular questions.125
§138. Same: Persons accused of crime.....
$139. Securing attendance of witnesses: Subpoena...........126
§140. Subpoena duces tecum
General Course of Presenting Evidence.
§141. Oath or affirmation of witnesses..
..128
$142. Sequestration of witnesses
$143. Order of presentation of case: Outline..
.128
§144. Same: Plaintiff's direct case.....
$145. Same: Defense and subsequent proceedings....
.129
$146. Judge decides question of admissibility of evidence.......130
Direct Examination.
$147. Direct examination or examination-in-chief.
.131
$148. Leading questions: Generally improper.....
$149. Same: When allowed ....
.132
$150. Witness must state facts, not conclusions.
$151. Refreshing recollection