... the error complained of is lack of proof of some matter capable of proof by record or other incontrovertible evidence, defective certification or failure to lay the proper foundation for evidence which can, in fact, without involving some question... Michigan State Bar Journal - Page 851923Full view - About this book
| Missouri Bar Association - Bar associations - 1913 - 244 pages
...deposition or reference to a master, for the purpose of sustaining a judgment whenever the error found is lack of proof of some matter capable of proof by record or other incontrovertible evidence, and the committee also believes that in cases which are tried by the court without the intervention... | |
| American Bar Association - Bar associations - 1909 - 1198 pages
...COMPLAINED OF is DEFECT OF PROOF OF SOME MATTER CAPARLE OF PROOF RY RECORD on OTHER INCONTROVERTIRLE EVIDENCE; DEFECTIVE CERTIFICATION OR FAILURE TO LAY...FOR EVIDENCE WHICH CAN, IN FACT, WITHOUT INVOLVING SURSTANTIAL CONTROVERSY, RE SHOWN TO RE COMPETENT, THE COURT OF REVIEW SHOULD RE GIVEN POWER TO TAKE... | |
| Charles Richmond Henderson - Child welfare - 1910 - 466 pages
...within reasonable limits, to take further evidence: "III. Whenever the error complained of is defect of proof of some matter capable of proof by record...for evidence which can, in fact, without involving substantial controversy be shown to be competent, the court of review should be given power to take... | |
| Charles Richmond Henderson - Child welfare - 1910 - 474 pages
...within reasonable limits, to take further evidence: "III. Whenever the error complained of is defect of proof of some matter capable of proof by record...for evidence which can, in fact, without involving substantial controversy be shown to be competent, the court of review should be given power to take... | |
| New York State Bar Association - Bar associations - 1913 - 1302 pages
...deposition or reference to a master, for the purpose of sustaining a verdict or judgment whenever the error complained of is lack of proof of some matter capable...can, in fact, without involving some question for a jury, be shown to be competent." (Am. Bar Assn. Reports, 1910. p. 645.) Upon this proposition the... | |
| Texas Bar Association - Bar associations - 1913 - 330 pages
...or reference to the matter, for the purpose of sustaining a verdict or judgment whenever the error complained of Is lack of proof of some matter capable...certification or failure to lay the proper foundation for evdence which can, in fact, without involving some question for a jury, be shown to be competent. "7.... | |
| Alabama State Bar Association. Meeting - Bar associations - 1913 - 208 pages
...point reserved, if conclusive, as its judgment upon such point reserved may require." of proof, or of some matter capable of proof by record or other incontrovertible evidence, or defective certification, or failure to lay the proper foundation for evidence, which can, without... | |
| Michigan, Michigan. Commission on Revision and Consolidation of Statutes - Civil procedure - 1914 - 602 pages
...discretion, take additional evidence by affidavit or deposition, or by reference: Provided, That the error complained of, is lack of proof of some matter capable...can, in fact, without involving some question for a jury, be shown to be competent. New section. New Jersey Practice Act, 1912, on Appeals. SEC. 31.... | |
| New York (State). Board of Statutory Consolidation - Civil procedure - 1915 - 466 pages
...discretion, take additional evidence by affidavit or deposition, or by reference; provided, that the error complained of is lack of proof of some matter capable...can, in fact, without involving some question for a jury, be shown to be competent." (Practice Act (NJ), 1912, ยง 28.) appeal under New Jersey practice... | |
| James Morgan Sheen - Civil procedure - 1916 - 666 pages
...discretion, take additional evidence by affidavit or deposition, or by reference; provided, that the error complained of is lack of proof of some matter capable...for evidence which can, in fact, without involving sonic question for a jury, be shown to be competent. (PL 1912, p. 382.) 289. Practice in the Court... | |
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