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" the words 'he may in case the witness shall, in the opinion of the judge, prove adverse, contradict him by other evidence,' suggest that he cannot do so unless the judge is of that opinion. This is not. and never was the law. "
The Saskatchewan Law Reports - Page 326
1923
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The Common Law Procedure Act, 1854, 17 & 18 Vict. C.125, Volume 473

John Thompson (Barrister-at-law) - 1854 - 214 pages
...producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of...judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his...
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The Common Law Procedure Act, 1854: With Treatises on Injunction and Relief ...

Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - Common law - 1854 - 380 pages
...impeach his credit by general evidence discredit his of bad character, but he may, in case the witness r shall in the opinion of the Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his...
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The Statutes of the United Kingdom of Great Britain and Ireland, Passed in ...

Great Britain - Law - 1854 - 954 pages
...allowed to HowfaraParty impeach his Credit by general Evidence of bad Character, but he mav discredit may, in case the Witness shall in the Opinion of the Judge prove hi» own Witadverse, contradict him by other Evidence, or, by Leave of the nessJudge, prove that he...
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The Common Law Procedure Act, 1854, (17 & 18 Vict. Cap. 125), with Practical ...

Robert Malcolm Kerr - Procedure (Law) - 1854 - 270 pages
...to call an adverse witness, he may contradict that witness as to facts. But what a party may do, " in case the witness shall in the opinion of the judge prove adverse," is:— I. " To contradict him by other evidence;" that is to say, to prove by other witnesses or by...
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Reports of Cases Adjudged in the High Court of Chancery: Before ..., Volume 1

Sir Edward Ebenezer Kay, Great Britain. Court of Chancery, Henry Robert Vaughan Johnson - Equity - 1855 - 818 pages
...impeach his credit by general evidence of bad char- m ^ ^to the relevancy or 1854. Argument. acter, but he may, in case the witness shall in the opinion of...Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his...
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The Equity Reports, 1853-1855: Michaelmas term, 1854, to Michaelmas term ...

Great Britain. Court of Chancery - Equity - 1855 - 1174 pages
...producing a witness shall cot be allowed to impeach his credit by general evidence of bad character; but he may, in case the witness shall in the opinion of...Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent »ith his...
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The Legal Observer, and Solicitors' Journal, Volume 49

Law - 1855 - 528 pages
...producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion...Judge, prove adverse, contradict him by other evidence j or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his...
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Law Chronicle: A Monthly Journal, Volume 1

Law - 1855 - 528 pages
...not to be allowed to impeach the credit of his own witness by general evidence of bad character ; but he may, in case the witness shall, in the opinion...judge, prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a. statement inconsistent with bis...
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Reports of Cases Adjudged in the High Court of Chancery: Before ..., Volume 1

Sir Edward Ebenezer Kay, Great Britain. Court of Chancery, Henry Robert Vaughan Johnson - Equity - 1855 - 832 pages
...hearing this leave cannot be given, because no new witness can then be called. • •^•^ acter, but he may, in case the witness shall in the opinion of...Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his...
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The Jurist, Volume 18, Part 2

Law - 1855 - 566 pages
...producing a witness shall not be allowed to impeach his credit by general evidence of bad character, bit he may, in case the witness shall, in the opinion...judge, prove adverse, contradict him by other evidence, or, by kite of the judge, prove that he has made at other timrsartite. ment inconsistent with his present...
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