Disputed Handwriting - An exhaustive, valuable, and comprehensive work upon one of the most important subjects of to-day. With illustrations and expositions for the detection and study of forgery by handwriting of all kinds by Jerome B. Lavay
page 85 of 233 (36%)
page 85 of 233 (36%)
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The practice of thus testing a witness is vindicated by one of the most sagacious of German jurists, Mittermaier, on grounds not only of expediency, but of authority. Comparison of handwriting, either by jury or witness, is uniformly allowed to prove writings which are not old enough to prove themselves, but are too old to admit of direct proof of their genuineness. Handwriting, considered under the law of evidence, includes not only the ordinary writing of one able to write, but also writing done in a disguised hand, or in cipher, and a mark made by one able or unable to write. The principles regulating the proof of handwriting apply equally to civil and criminal cases. The paper the handwriting of which is sought to be proved by experts must ordinarily be produced in court, but such production will be excused when the paper has been lost or destroyed and when it is a public record, which cannot be brought into court. Genuineness may be proved in all cases, except where paper is required to be identified by an official seal, and except as controlled by law applicable to attested instruments. It may be proved by his own admissions; by witnesses who saw the party write; by witnesses who corresponded with the party; by witnesses who had seen papers acknowledged by the party; by witnesses having |
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