KFLCC Kingdom Law 2nd Ed.

449

EX

EVIDENCE

above. Moore v. Stone (Tex. Civ. App.) 36 S. W. 910; People v. Stern, 33 Misc. Rep. 455, 68 N. Y. Supp. 732; Mallery v. Young, 94 Ga. 804, 22 S. E. 142; Parker v. Overman, 18 How. 141, 15 L. Ed. 318; State v. Newton, 33 Ark. 284.— Traditionary evidence. Evidence de rived from tradition or reputation or the state ments formerly made by persons since deceased, in regard to questions of pedigree, ancient boundaries, and the like, where no living wit nesses can be produced having knowledge of the facts. Lay v. Neville, 25 Cal. 554. A term ap plied to written instruments or securities for the payment of money, importing on their face the existence of a debt 1 Rev. St N. Y. p. 599, § 55. EVIDENCE OF TITLE. A deed or oth er document establishing the title to prop erty, especially real estate. Having the quality of evidence; constituting evidence; evidencing. A term introduced by Bentham, and, from its convenience, adopted by other writers. The withdrawal of a cause from the cognizance of an inferior court, and bringing it before another court or judge. In some respects this process resembles the proceedings upon certiorari. Ewe, water.) In old English law. Toll paid for water passage, The same as aquage. Tomlins. EVIDENCE OF DEBT. EVIDENTIARY. EVOCATION. In French law. EWAGE. (L. Fr. EWRY. An office in the royal house hold where the table linen, etc., is taken care of. Wharton. 1. A Latin preposition meaning from, out of, by, on, on account of, or ac cording to. 2. A prefix, denoting removal or cessa tion. Prefixed to the name of an office, rela tion, status, etc., it denotes that the person spoken of once occupied that office or rela tion, but does so no longer, or that he is now out of it. Thus, eaj-mayor, ea;-partner, ex- judge. 3. A prefix which is equivalent to "with out," "reserving," or "excepting." In this use, probably an abbreviation of "except" Thus, eavinterest, ea?-coupons. "A sale of bonds 'ex. July coupons' means a sale reserving the coupons; that is, a sale in which the seller receives, in addition to the pur chase price, the benefit of the coupons, which benefit he may realize either by detaching them or receiving from the buyer an equivalent con sideration." Porter v. Wormser. 94 N. Y. 445. 4. Also used as an abbreviation for "ex hibit" See Dugan v. Trisler, 69 Ind. 555. EX. EWBRICE. Adultery; spouse breach; marriage breach. Cowell; Tomlins.

tingame, 146 Mo. 207, 48 S. W. 72; State v. Eoten, 86 N. C. 701; Blough v. Parry, 144 Ind. 463, 43 N. E. 560. Evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence. Code Civ. Proc. Cal. 1903, § 1833. Evidence which, stand ing alone and unexplained, would maintain the proposition and warrant the conclusion to sup port which it is introduced. Emmons v. Bank, 97 Mass. 230. An inference or presumption of law, affirmative or negative of a fact, in the ab sence of proof, or until proof can be obtained or produced to overcome the inference. People v. Thacher, 1 Thomp. & C (N. Y.) 167.— Prob able evidence. Presumptive evidence is so called, from its foundation in probability.— Real evidence. Evidence furnished by things themselves, on view or inspection, as distin guished from a description of them by the mouth of a witness; e. g., the physical appear ance of a person when exhibited to the jury, marks, scars, wounds, finger-prints, etc., also the weapons or implements used in the commis sion of a crime, and other inanimate objects, »nd evidence of the physical appearance of a place (the scene of an accident or of the com mission of a crime or of property to be taken under condemnation proceedings) as obtained by a jury when they are taken to view it.— Re butting evidence. Evidence given to explain, repel, counteract, or disprove facts given in evi dence by the adverse party. Davis v. Hamblin, 51 Md. 539; Railway Co. v. Wales, 5 O. C. D. 170; People v. Page, 1 Idaho, 195; State v. Fourchy, 51 La. Ann. 228, 25 South. 109. Also evidence given in opposition to a presumption of fact or a prima facie case; in this sense, it may be not only counteracting evidence, but evidence sufficient to counteract, that is, con clusive. Fain v. Cornett, 25 Ga. 186— Rele vant evidence. Such evidence as relates to, or bears directly upon, the point or fact in is sue, and proves or has a tendency to prove the proposition alleged; evidence which conduces to prove a pertinent theory in a case. Platner v. Platner, 78 N. Y. 95; Seller v. Jenkins, 97 Ind. 438: Levy v. Campbell (Tex.) 20 S. W. 196; State v O'Neil, 13 Or. 183, 9 Pac. 286; 1 Whart Ev. § 20 —Satisfactory evidence. Such evidence as is sufficient to produce a be lief that the thing is true; credible evidence; that amount of proof which ordinarily produces a moral certainty or conviction in an unpreju diced mind; such evidence as, in respect to its amount or weight, is adequate or sufficient to justify the court or jury in adopting the con clusion in support of which it is adduced. Thayer v. Boyle, 30 Me. 481; Walker v. Col lins, 59 Fed. 74, 8 C. C. A. 1; U. S. v. Lee Huen (D. C.) 118 Fed. 457; People v. Stewart, 80 Cal 129, 22 Pac. 124; Pittman v Pitt man, 72 III. App. 503.— Second-hand evi dence. Evidence which has passed through one or more media before reaching the witness; hearsay evidence.— State's evidence. A pop ular term for testimony given by an accomplice or joint participant in the commission of a crime tending to criminate or convict the others, and given under an actual or implied promise of immunity for himself.— Substantive evi dence is that adduced for the purpose of prov ing a fact in issue, as opposed to evidence given for the purpose of discrediting a witness, (i. e., showing that he is unworthy of belief.) or of corroborating his testimony. Best, Ev. 246, 773, 803.— Substitutionary evidence. Such as is admitted as a substitute for what would be the original or primary instrument of evi dence; as where a witness is permitted to tes tify to the contents of a lost document.— Suffi cient evidence. Adequate evidence; such evi dence, in character, weight, or amount, as will legally justify the judicial or official action de manded; according to circumstances, it may be "prima facie" or "satisfactory" evidence, ac cording to the definitions of those terms given

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