Book Description

Excerpt from The Encyclopedia of Evidence, Vol. 11 In Sanborn v. Paul, 60 Me. 325, it was held that if a submission to reference contained no provision in relation to the rules of evidence that shall govern the referees, they are not restricted to the rules of the common law but may receive the statements of parties without re quiring them to be sworn. In Davis v. Campbell, 23 Vt. 236, an action of trespass, referred under a rule from the county court, the rule stated that the referee was to be governed by the rules of law, and that by the rules of court all special pleas are to be filed within ninety days of the first term of court, or defendant must be confined to the general issue, without notice of special matter to be given in evi dence, and there had been no plea filed in the cause. It was held that the referee might receive and con sider evidence of matter in justifica tion of the act of the defendant com plained of as a trespass. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.