 | Jacob D. Wheeler - 1833 - 646 pages
...testimony. For this suggestion there is no foundation. To have become such, they must have been made at the time of the act done, which they are supposed to characterise. Now the declarations of Green Bixby, were not made at the time the note was given by... | |
 | Esek Cowen, Nicholas Hill - 1839 - 906 pages
...Munf. 193.) NOTE 444— p. 231. To be a part of the res gestas, the declarations must have been made at the time of the act done which they are supposed to characterize, and well calculated to unfold the nature and quality of the facts they were intended to explain, and so... | |
 | Alabama. Supreme Court - 1848 - 918 pages
...the act was done, which they are supposed to characterize, and must be calculated to elucidate and unfold the nature and quality of the facts they were intended to explain, and so to harmonize with those facts as obviously to constitute one transaction. Enos v. Tuttle, 3 Conn. Rep. 250; Phil. Ev.... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...1 Greenl. Ev. sec. 108. An indispensable characteristic of declarations is, that they must be made at the time of the act done which they are supposed to characterize; and further, they must be calculated to unfold the nature and quality of the facts they are intended to... | |
 | John Pitt Taylor - 1848 - 764 pages
...250, Hosmer, CJ, observed, that declarations, to become part of the res geste, " must have been made at the time of the act done, which they are supposed to characterise, and have been well calculated to unfold the nature and quality of the facts they were... | |
 | Joseph Kinnicut Angell - 1849 - 808 pages
...CJ, in Enos v. Tuttle,2 that " declarations, to become a part of the res gesice, must have been made at the time of the act done, which they are supposed...harmonize with them, as obviously to constitute one transaction."3 § 469. In an action against a carrier for a loss, his agent or servant is not generally... | |
 | Georgia. Supreme Court - 1849 - 680 pages
...thus laid down the rule : That to be a part of the res geittir,, the declarations must have been made at the time of the act done, which they are supposed to characterise, and well calculated to unfold the nature and quality of the facts they were intended... | |
 | Joseph Kinnicut Angell - 1851 - 836 pages
...CJ in Enos v. Tuttle,2 that " declarations, to become a part of the res gesta, must have been made at the time of the act done, which they are supposed...them, as obviously to constitute one transaction." 3 § 469. In an action against a carrier for a loss, his agent or servant is not generally a competent... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1860 - 600 pages
...not a part of the res gestw. Declarations, to become a part of the res gestce, must have been made at the time of the act done, which they are supposed...with them as obviously to constitute one transaction: — 3 Conn. 250; 9 Paige, 611, 617; 1 Greenl. Eo. §108. There is nothing in the pretence urged on... | |
 | Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1852 - 614 pages
...of the res gesta, must have been made at the time of the act they are supposed to characterise, and well calculated to unfold the nature and quality of...the facts they were intended to explain, and so to harmonise with them as to constitute one transaction." In the case of Kolb vs. Whitcly, 3 Gill fy John.,... | |
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... declarations to become a part of the res gestce, must have been made at the time of the act done which they are supposed to characterize, and have been well calculated to unfold the nature and quality of the facts they were intended to explain, and... 
