Page:Black's Law Dictionary (Second Edition).djvu/456

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EVIDENCE 448 EVIDENCE

20 Conn. 810: Roe v. Kalb. 37 Ga. 459. All evidence material to the issue, after any such evidence has been given, is in a certain sense cumulative: that is, is added to what has been given befor It tends to sustain the issue. But cumulative evidence, in legal phrase, means evidence from the some or a new witness, simply repealing. in substance and effect, or adding to what has been before testified to. Parshali v I\1il1Cl.(. 43 Barb. (N Y.) 212. Evidence is not eumuiative merely because it tends to establish the same ultimate or prim-ipully contra- -rcrtml fact. Cumulative evidence is additional eviih-nce of the same kind to the sxirne point. Able v. Frazier, 43 Iowa, 1'I’i‘.—Documentn.ry evidence. Evidence suppiicd by writings and documents of every kind in the widest sense of the term: evidence derived from conventional symbols (such as letters) by which ideas are re-presented on iznatci-iai suhstances.—I-Jvidencs alinnde. Evidence from outside, from another source. In certain cases a written instrument may be explained h evidence alimide, that is, by evidence drann rom sources exterior to the instrument itself, e. 11., the testimony of a wit- ness to conversations, admissions, or preiin - nary negotiations. Expert evidence. Testi- niony given in rel.tinn to some scientific, tech- nical, or protessional matter by experts, i. e.. persons qualified to speak autiioritatively by reason of their special training, skili, or fa- miiiai-ity with the subject.—Exh'nneous evi- dence. With reference to a contract, deed, iuli, or any writing. extraneous evidence is such as Is not furnished by the document itself, but is derived from outside sources: the some as evidence uliunde. (See supvru.)—I-Iearaay evidence. Evidence not proceeding from the personal knoiviedge of the witness, but from the mere repetition of what he has heard others say. Sm. more fully, HEAI(SAY—Incnl:i.‘ipetent evidence. Evi ‘cnce which is not admissible under the established rules of evidence; FVId\'l]L‘€ nhich the law does not permit to be presented at all, or In relation to the particuiar matter. on account of lack of originality or of some defect in the witness, the document, or the nature of the evidence itseif. Texas Brewing Co. v. Dickey (Tex. Civ. App.) 43 S. W. 57 : Bell v. Bumstead, G0 Hun, 580, 14 N. Y. Supp. 697: Atkins v. Eiwell, 5 N. Y. 757: -People v. Mulli 's. 83 Cal. 138, 23 Pac. 229. 17 Am. St Rep. 2‘-_' —Incn1patory evidence. Criminative eviden e: that which tends, or is intended. to establish the guiit of the accused. —Indispensn.liIe evidence. Thai: without which a particular fact cnnn t be proved. (‘ode Civ. Pror. Cai, 1903. § IN“ ]3a|linger’s Ann. Codes & St Or. 1901, § GSO —I.egal evidence. A broad gen:-rai term meaning ail ndmissibie evidence. inciuding both or-ii and documentary. but nith a further implication that it must be of sur-h fl chariicti-r as made roasonabiy and sub- stantially to prove the point, not to raise a mere SElSpIl"i0)I1 or coniecture. Lewis v. Ciyde on n.

S. S. L N. C. 90-}, 44 S. E 066: Curtis v. Bradley Conn. 91'). 31 Ati. 591. 28 L. R

A. 143, 48 . m. St. Rep. 77: West v. Hayes, ‘:1 Conn. 53'! —Mnterial evidence. Such as is relevant and goes to the substantial matters in dispute, or has a legitimate and effective in- fluenie or hearing on the decision of the wise. Porter v. Vulxntine. 18 l\Iisc. Rep. 213. 41 N. Y. Supp. 507 .—1VInt]1ematicn.l evidence. Demonstrative evidence: such as estabiishes its conciusiuns uith ahsoiute necessity and certainty. It is used in contradistinction to moral ev'idence.—Mora1 evidence. As opposed to “matbematicai" or “demonstrative" evi- dence, this term denotes that kind of evidence wbich, without deveioping an absolute and nec- essary certainty, generates a high degree of probability or persuasive force. It is founded upon analogy or ll](lIl(’[i0lJ, experience of the ordinary course of nature or the sequence of

443

EVIDENCE

events, and the testimony of men.-—-Newly-dip covered evidence. Evidence of a new and material fact, or new evidence in relation to a fact in issue. discovered by a party to a cause after the rendition of a Verdict or jud-,,-11init therein. In re l\Icl\Ianus, 35 Misc. Rep. 6"‘ 72 N. Y. Supp. 400; Wynne v. Newman, id \'a. 816; People v. Prioii, 164 N. Y. 439, 5!! N. E. b't3S.—Opinion evidence. Evii)~nrv at what the witness thinks, bciiei ., or infers in regard to facts in dispute, as di tin,-,-uisl'."d ficm his personal knuwiedge of the facts liieun I not admissible except (under certain iiiu ' in the case of experts. See Lipscomb \. S

75 Miss. 559, 23 South. 21(.'L—Ors.l evidence. Evidence given by word of moutii: the oial testimony of a rvitness.—0rigina.l evidence. An original document, writing, or cthu‘ muteriai object introduced in evidence (lialliiwn-"s Aun. Codes & St. 01'. 1901. § 692) as INSIVE guished from a copy of it or from extr-iutuus evidence of its contents or purpnrt.—Puro1 evidence. Oral or verbai evidence: that which is given by word of mouth: the ordinary kind of evidence, given by witnesses in court. 3 Bl. Comm. 369. In a particular sense, and nith reference to contracts, deeds, wills, and other writings. parol evidence is the same as extraneous evidence or evidence ahumlc. (Sat supni.)—Pa:-tial evidence is that which gin‘ to estaliiish a detached fact, in o seri-‘s tending to the fact in dispute. It may he received, an- ject to be rejected as incompetent, unlao (‘ci- nected with the fact in dispute by prn- ( of other facts; for example, on an issue of title to ""411 property, evidence of the continued pussission of a remote occupant is partial, for it is of a detached fact, which may or may not be after- wards connected with the fact in dispute. Code Cir. Proc. Cai. 5 183-i.—Positive evidence. Direct pinof of the fact or point in issue; evi- dence which, it believed, establishes the truth or faisehood of a fact in issue, and does not arise from any presumption. It is riistinguish-

v. Webster, 5 Cus . 71l.—P1-esnniptive evidence. several meanings in law. (1) Any evidi-nu which is not direct and positive; the proof of minor or other facts incidental to or usually connected with the fact sought to be prmi-u‘, which, when taken together, inferentiiilly estab- lish or prove the fact in question to a resum- able degree of certainty: e\idcnce drawn luv human experience from the connection of Liiiisr‘. and cfifect and observation of human conduct; the proof of facts from which, with morn or less certainty, according to the expefienci of mankind of their more or iess univcrsai connection, the existence of other facts can be diduceil. In tbis sense the term is neoriy equivalent to ‘‘circumstantial’' evidence. See _1 Starkin I-Iv 58

5 ' 2 Sound. Pl. & Ev. G73: Civ. (‘ode Ga. 19 , § 5143; Davis v. Curry, 2 Bilib fl .) 2 Horbacb v. l\li er, 4 Neb. 4-L,’ Sin. Miller, 9 l'Ioiist. (Dr-i.) 564, 32 Ati. 13?.

Evidence which must be received and treated as true and sufiicient untii rebutted by other testimony: as, where a statute proiidcs that certain facts shall he presumptive evidence of guiit, of title, etc. State v. Mitchell, 119 N. C. 784. 25 S. E. 78.3; ‘State v. Intoxicatin-1 1 uors 80 Me. 57. 12 Ati 794. 3) End--vice vihic admits of expianation or contradiction by other evidence, as distinguished from conclusive evidence. Burrill, Circ. Ev. 89.—Pr-ima fncie evidence. Evidence good and sufiicient on its face; sucb evidcuce as, in the judgment of the law, is sufiicient to establish a given fact, or the group or chain of facts constituting the p irty‘s claim or defense, and which if not rt-hutied or contradicted, will remain suificicnt. Crane v.

Morris, 6 Pet. 611, 8 L. Ed. 514; State v. Bur-