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Download ebook Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 91

Download ebook Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 91

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 91 by U S Government

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 91
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Author: U S Government
Page Count: 274 pages
Published Date: 16 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: eBook
ISBN: 9781234274214
Download Link: Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 91
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... military experts. Definitions (exception 3) from the dictionary of the terms used in the libel were excluded because not terms of science; but the court ruled that the matter was one for judicial notice which might be taken advantage of in argument. No harm would have been done to have admitted these definitions, and no harm has been done by their exclusion. The court took judicial notice of them, as we do. And in our judgment they do not tend to prove the meaning attributed to the alleged libel by the plaintiff, nor to prove malice. To prove malice the plaintiff (exception 4) was asked if he knew the intent of the defendant in issuing the endorsement, which is the libel charged. This was properly excluded. It invited an answer based upon the witness inferences or his judgment based upon any form of information, hearsay or otherwise. The court ruled that all that the defendant did or said relevant to the matter might be shown; from this and the rest of the evidence it was for the jury to ascertain the intent. The plaintiff s testimony (exception 5) was stricken out, that a Colonel Schultze had told him in the presence of the defendant that the same statement appearing in this endorsement was made in Hartford to obtain the plaintiff s discharge. The plaintiff claimed this as proof of a fact appearing in the military records and showing a repetition of the libel by the defendant. A fact appearing in an official record cannot be proved by hearsay. We do not consider any other claim for the admissibility of this evidence, for none such was made in the trial court or there ruled upon. Exceptions 6, 8 and 22 are instances where either no objection was made, or objections made were not persisted in or pressed to exception....

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