Volume 194, Page 1091 View pdf image (33K) |
INDEX TO NOTES. 1091 EVIDENCE—Continued— whether judicial notice taken of rules of lower court, 172. obsolescence of demurrer to, 169. peremptory instruction as demurrer to, 183. admissibility of parol to affect writings, in general, 735 et seq. to contradict receipt for money, 735. to show that writing does not contain whole agreement, 741-742. to show variation or discharge of contract, 737-741. to show that contract was made on behalf of principal, 741. to explain or modify obnoxious provision of assignment for creditors, 527. to affect will, 742. to establish contents of will, 742. to contradict statement of consideration in deed, 510-511, 735. to prove consideration of deed, where none specified, 735. to show that transfer was advancement, 736. declarations of fraudulent grantor, 537. presumptions in favor of rulings of trial court, 173. in favor of judicial records, 285. EXCEPTIONS— operation of English statute relating to, 166-167. allowance of, in criminal cases, 167. in trial of issues from chancery or orphans court, 167. in trial before court without a jury, 178. how taken to testimony given orally in equity, 167. to prayers, when they must be specific, 184-185. to prayers, sufficiency of, where they are required to be specific, 185. when to be taken, 173, 17S, 176. presumption as to time of taking, 175. when to be reduced to form, 175, 176. effect of reservation of right to except upon admission of evi- dence, 183. waiver of, 184- taken by party who does not appeal, 172-173. taken by one party not available to opponent, 172-173. taken by party not aggrived by decision, 178. election between motion for new trial and, 178. effect of, where record indicates that they were not properly taken, 174. bills of exception nature of, 167. certificate of facts by judge as substitute for, 167. agreement of counsel as substitute for, 173-174. power of appellate court to order preparation of, 176. control of trial court over preparation of, 173, 174, 179. See Index to Statute*-. page 1073. 70 |
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Volume 194, Page 1091 View pdf image (33K) |
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