Page:United States Statutes at Large Volume 47 Part 1.djvu/1118

 1094 "Indirect ." "Prima facie.,' "Partial." "Indispensable ." " Conc lusi ve ." "Cumulative." "C orrobora tive ." General principles . Sufficiency witness . 72d CONGRESS . SESS. II. CH. 12 7. FEB RUAR Y 27, 1933 . SEC . 1036 . INDIRECT EVIDENCE DEFINED .-Indirect evidence is that which tends to establi sh the fact in dispute by pro vin g an othe r, and which, though true, does not of itself conclusively establish that fact, but which af for ds an inference or presumption of its existence . For examp le, a witness pr oves an admissio n of the party to the fact in dispute . This prov es a fa ct, from wh ich the fact in dis pute is inferred . SEC . 1037. PRIMA FACIE EVIDENCE DEFINED .-Prima facie evi dence is that which suffices for the proof of a particular fact, until contra- dicted and overcome by o ther evidence . For e xam ple, the cer tifi cate of a recording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is no such record . SEC . 1038 . PARTIAL EVIDENCE DEFINED .-Partial evidence is th at which go es to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, un less con nect ed with the fac t in di sput e by pro of of oth er facts. For example, on an issue of title to r eal property, evidence of the continued possession of a remote oc cupa nt is pa rtia l, for it isofa detached fact, which may or may not be afterwards connected with the fact in dispute. SEC. 1039. INDISPENSABLE EVIDENCE DEFINED .-Indispensable ev i- dence is that without which a particular fact can not be proved. SEC. 1040 . CONCLUSIVE EVIDENCE DEFINED .-Conclusive or unan- swerable evidence is tha t which the law does not permit to be con- tradicted. For example, the record of a court of competent juris- diction can not be contradicted by the parties to it. S EC. 1041 . CUMULATIVE E VIDENCE DEFINED .-Cumulative evidence is additional evidence of the sa me character, to the same point. SEC. 1042. CORROBORATIVE EVIDENCE DEFINED .-Corroborative ev i- dence is additional evidence of a different character, to the same point. GENERAL PRINCIPLES OF EVIDENCE of single SEC. 1043 . ONE W ITNE SS SUFF ICIE NT TO P ROVE A FACT :The dir ect evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except pe rj ury and treason. Testimony confined SEC. 1044 . TES TIMONY CONFINE D TO PERSONAL K NOWLEDGE .-A wit - to personal knowledge. ness can testify of those facts only which he knows of his own knowl- Exceptions ; opinion, edge that is, whi ch are derived f rom his own perc eptions, except hearsay in those few e xpress cases in which his opini ons or inference s, or the declarations of others, are admissible. Te stim ony un der oath and in open court. SEC* 1045 . TESTIMONY TO BE IN PRESENCE OF P ERSONS AFFECTED .- AA witness can be heard on ly u pon oath or affirmation, and up on a trial he can be heard only in the presence and subject to the exam- inat ion of all the part ies, if the y ch oose to atte nd and exam ine. Cr edib ility of. SEC. 1046 . WITNESS PRESUMED TO SPEAK THE TRUTH.-A wi tness is presumed to sp eak the truth. This presumption, however, may be repelled by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character for truth, honesty, or integrity, or his motives, or by contradictory evidence ; and the jury are the exclusive judges of hi s credibility. Rights of party not SEC. 1047 . RIGHTS OF ONE PERSON NOT AFFECTED BY ACT OF affected by act of an- other. ANOTHER .-The rights of a party can not be prejudiced by the decla- ration, act, or omission of another, except by virtue of a particular relation between them ; therefore, proceedings against one can not affect another. Declarations of pred- ,SEC . 1048. DECLARATIONS OF PREDECESSOR IN TI TLE EVIDENCE .- ecessor in title. Where, however, one de ri ves title to rea l property fr om another, the