The Southeastern Reporter Volume 105 book
The Southeastern Reporter Volume 105 book
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Author: West Publishing Company
Number of Pages: 826 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: PDF
ISBN: 9781130553499
File Name: The.Southeastern.Reporter.Volume.105.pdf
Download Link: The Southeastern Reporter Volume 105
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...In a proceeding by motion under Code 1919, 6046, where an item of an account contained the words "Long Branch" to designate a tract from which hauling of staves was done, the court did not err, pending examination of plaintiff as a witness, in permitting plaintiff to change the words to "Laurel Branch," being a mere immaterial misnomer of the tract, which did not in any way take the defendant by surprise; there being no tract by the name oi "Long Branch." 10. Evidence c=242(5)--Servants have no power to make admissions in behalf of master. In an action to recover for hauling staves by count, plaintiff could not testify as to the number of staves hauled as told to him by men sawing and stacking for defendant by the thousand, as the latter were servants of the defendant, and not his agents, and had no power to make admissions in his behalf. 11. Witnesses g=255( 10)--Witness may testify from memory after refreshing recollection from any paper. No matter by what kind of paper the recollection of a witness is refreshed, if, after being refreshed, be speaks from a present and existing recollection, and not from the source of refreshment, his testimony is admissible. 12. Guaranty g=92(2)--instructions held insufficient, where defendant claimed to be only a guarantor. 1n an action for services, where defendant claimed that he was only a guarantor, an instruction that if the jury "believe by a preponderance of the evidence that the defendant agreed with the plaintiff that if he would do the work he, the defendant, would pay him for same, etc., then they should find for the plaintiff," although correct, should have gone further and explained to the jury the distinction between an agreement to "pay him for the same&q...
Read online The Southeastern Reporter Volume 105 Buy The Southeastern Reporter Volume 105 Download The Southeastern Reporter Volume 105 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook The Southeastern Reporter Volume 105
The Southeastern Reporter Volume 105. West Publishing Company
Author: West Publishing Company
Number of Pages: 826 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: PDF
ISBN: 9781130553499
File Name: The.Southeastern.Reporter.Volume.105.pdf
Download Link: The Southeastern Reporter Volume 105
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...In a proceeding by motion under Code 1919, 6046, where an item of an account contained the words "Long Branch" to designate a tract from which hauling of staves was done, the court did not err, pending examination of plaintiff as a witness, in permitting plaintiff to change the words to "Laurel Branch," being a mere immaterial misnomer of the tract, which did not in any way take the defendant by surprise; there being no tract by the name oi "Long Branch." 10. Evidence c=242(5)--Servants have no power to make admissions in behalf of master. In an action to recover for hauling staves by count, plaintiff could not testify as to the number of staves hauled as told to him by men sawing and stacking for defendant by the thousand, as the latter were servants of the defendant, and not his agents, and had no power to make admissions in his behalf. 11. Witnesses g=255( 10)--Witness may testify from memory after refreshing recollection from any paper. No matter by what kind of paper the recollection of a witness is refreshed, if, after being refreshed, be speaks from a present and existing recollection, and not from the source of refreshment, his testimony is admissible. 12. Guaranty g=92(2)--instructions held insufficient, where defendant claimed to be only a guarantor. 1n an action for services, where defendant claimed that he was only a guarantor, an instruction that if the jury "believe by a preponderance of the evidence that the defendant agreed with the plaintiff that if he would do the work he, the defendant, would pay him for same, etc., then they should find for the plaintiff," although correct, should have gone further and explained to the jury the distinction between an agreement to "pay him for the same&q...
Read online The Southeastern Reporter Volume 105 Buy The Southeastern Reporter Volume 105 Download The Southeastern Reporter Volume 105 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook The Southeastern Reporter Volume 105