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§ 27. Evidence of custom: Admissability and weight.
§ 29. Same: To show value of services..
§ 30. Evidence of character in criminal cases..
§ 31. Character proved by evidence of reputation.
§ 32. Same: Comment on rule.....
§ 33. Same: Details of rule.....
§ 34. Character evidence in civil actions.
CHAPTER III.
Competence of Evidence: Hearsay.
§ 35.
The nature of competence.....
27
28
29
30
31
32
34
....
35
§ 36. Hearsay evidence in general inadmissible...
§ 37. Reasons for rejection of hearsay evidence.
§ 38. Hearsay evidence sometimes admissible...
SECTION 1.
Confessions.
39. Voluntary confessions admissible..
§ 40. Same: Induced by fear or favor....
§ 41. Evidence disclosed by forced confessions...
36
37
§ 42. Confessions admissible though obtained by artifice....... 38
§ 43. The weight of confessions....
38
SECTION 2.
Admissions.
§ 44. Admissions competent on same theory as confessions..... 39
§ 45. Same: Illustration
.....
§ 46. Admissions in evidence distinguished from those in plead-
ings or in court....
§ 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...
55. Admissions of joint conspirators....
40
41
42
43
44
45
46
47
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..
§ 60.
§ 61.
§ 62.
§ 59. Ground of admitting entries in course of business..... 50
Entries admissible even though made by party to suit.... 51
Requisites of entries in the course of business....
Matters provable by entries in course of business...
........
52
53
54
§ 63. Authentication of entries in course of business....
§ 64. Method of authentication when maker of entries unavail-
§ 65. Only original entries admissible.
SECTION 5.
Sworn Statements Not Made at Trial.
66. Sworn statements made out of court..
§67. Depositions
§ 68. Character of depositions as evidence...
$69. Former testimony ..
§ 70. Requisites of report of former testimony..
§ 71. Former testimony admissible against successors in inter-
est
§ 72. Depositions and former testimony in criminal cases.
§ 73. Affidavits
.......
SECTION 10.
Dying Declarations.
§ 82. Dying Declarations
§ 83. Expectation of immediate death essential.
§ 84. Effect of belief in a hereafter....
SECTION 11.
Res Gestae.
69
§ 85. Declarations forming part of transaction in issue.....
§ 86. Exclamations and statements accompanying acts.....
§ 87. Same: When made too late.....
§ 88.
SECTION 12.
Statements of Condition or Intention.
Statements of physical condition...
§ 89. Same: Some stricter views.....
§ 90. Statements of mental condition..
73
74
75
76
77
§ 91. Statements of intention......
78
§ 92.
Same: In case of wills. Principle involved..
79
§ 95. Secondary evidence of writings sometimes admissible......82
Attesting Witnesses and Ancient Documents.
§ 99. Proof of attested documents....
§100. Proof of execution of ancient documents...
§102. Evidence as to character of transaction....
89
§103. Oral declarations not admissible to add terms to a writing. 90
$104. Merger of negotiations in executed contracts..
§105. Evidence of trade custom.....
91
92
§106. Custom must not be inconsistent with writing...... 93
§107. Oral declarations admissible as to collateral matters...... 94
§108. Oral declarations admissible regarding contracts only
§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.
§112. Oral declarations in the interpretation of writings....
$113. Customary meaning of terms..
95
96
. 97
98
99
§114. Construction of wills.....
....100
§115. Wills sometimes not open to interpretation by extrinsic
evidence
.....101
§116. Extrinsic evidence often received in aid of interpretation..101
CHAPTER V.
Competence of Evidence: Other Rules.
Opinion Evidence.
$117. Opinion evidence ordinarily inadmissible.
§118. Distinction between fact and opinion.....
.104
....105
§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....
.116
$129. Testimony to transactions with deceased persons.
..116
$130. Testimony of husband and wife...
.118
.122
$134. Proposals of compromise...
$135. Facts stated in compromise negotiations..
CHAPTER VI.
Attendance and Examination of Witnesses.
Attendance of Witnesses.
§136. Persons amenable to service as witnesses..
$137. Privilege of witness in not answering particular questions.125
$138. Same: Persons accused of crime.....
$139. Securing attendance of witnesses: Subpoena..
§140. Subpoena duces tecum
General Course of Presenting Evidence.
...124
.125
.126
.127
§143. Order of presentation of case: Outline...
§144. Same: Plaintiff's direct case.....
$145. Same: Defense and subsequent proceedings..
.128
..128
..129
Direct Examination.
$146. Judge decides question of admissibility of evidence.......130
§147. Direct examination or examination-in-chief..
.131
$148. Leading questions: Generally improper...
...131
$149. Same: When allowed....
..132
$150. Witness must state facts, not conclusions.