 | 1872 - 954 페이지
...admissible, notwithstanding a controversy did then exist upon some other branch of the same general subject." Where the point in controversy is foreign to that...mota, and consequently the objection does not apply. See 1 Greenleaf's Ev., § 132. We conclude, therefore, that there is no error in this assignment. It... | |
 | Simon Greenleaf - 1876 - 762 페이지
...and prejudices belonging to that particular side, you are drawing evidence from perfectly unpol luted sources. But where the point in controversy is foreign...mota, and consequently the objection does not apply." § 133. Declarations post litem motam. Declarations made after the controversy has originated are excluded,... | |
 | Simon Greenleaf - 1892 - 888 페이지
...undisputed custom.1 In this case, it was observed by one of the learned judges that " the distinction had been correctly taken, that, where the Us mota was...mota, and consequently the objection does not apply. " §133. Declarations post litem motam. Declarations made after the controversy has originated are... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1894 - 868 페이지
...the case seems to me to avoid all objection to the depositions as being made post litem motam, but if it were necessary to go into that question, I think...was before controverted, there never has been a Us jnota, and consequently the objection does not apply. It seems to me that for these reasons the evidence... | |
 | John Pitt Taylor - 1895 - 894 페이지
...existence of any custom for the jury to interfere.1 As one of the learned judges observed in that case, " where the point in controversy is foreign to that...was before controverted, there never has been a Us mota."3 § 633. It is not, however, necessary that the former controversy should have been between... | |
 | Burr W. Jones - 1896 - 784 페이지
...controversy, as used in this connection, must have related to the particular subject at issue in the trial. Where the point in controversy is foreign to that...which was before controverted, there never has been a lis mota, and consequently the objection does not apply.8 But the former controversy need not have... | |
 | John Pitt Taylor - 1906 - 944 페이지
...existence of any custom for the jury to interfere. As one of the learned judges observed in that case, " where the point in controversy is foreign to that...before controverted, there never has been a Us mota."° § 633. It is not, however, necessary that the former controversy should have been between the same... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1909 - 1022 페이지
...distinction correct, that when the declarations are on the very point they are not evidence, but when the point in controversy is foreign to that which was before controverted, there never has been a Us (within the rule), and, consequently, the objection does not apply. It has, however, been suggested... | |
 | Burr W. Jones, Louis Horwitz - 1913 - 1090 페이지
...controversy, as used in this connection, must have related to the particular subject at issue in the trial. Where the point in controversy is foreign to that...a Us mota, and consequently the objection does not apply/'1 But the former controversy need not have been between the same parties nor have related to... | |
 | Edward Wilcox Hinton - 1919 - 1136 페이지
...distinction correct, that when the declarations are on the very point they are not evidence, but when the point in controversy is foreign to that which was before controverted, there never has been a lis (within the rule), and, consequently, the objection does not apply. It has, however, been suggested... | |
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In this case, it was observed by one of the learned judges that " the distinction had been correctly taken, that, where the Us mota was on the very point, the declarations of persons would not be evidence ; because you cannot be sure, that in admitting... 
