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Law of Evidence Under the Code of Civil Procedure of the State of New York - Softcover

Henry E. Warner

 
9781333680428: Law of Evidence Under the Code of Civil Procedure of the State of New York

Synopsis

This book provides a comprehensive guide to the law of evidence as it existed in the late 19th century. Examining the Code of Civil Procedure, the author delves into the complexities of witness competency, focusing on issues of interest and bias. The book traces the historical evolution of the law surrounding witness testimony, highlighting how the Code of Procedure challenged the long-standing common law rule that excluded interested parties from testifying. This rule was based on the assumption that self-interest would inevitably corrupt a witness's testimony, leading to perjury. However, the Code of Procedure, and the book's analysis of it, argued that such an assumption was unsound, believing that it was more likely to hinder the pursuit of truth than to protect it. This book, therefore, offers valuable insights into the changing legal landscape of the late 19th century, revealing the shift towards a more inclusive approach to witness competency and the growing recognition that individuals with a stake in the outcome of a case could offer valuable, truthful testimony.

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