| slovo | definícia |
rebutting
(encz) | rebutting, |
Rebutting
(gcide) | Rebut \Re*but"\ (r[-e]*b[u^]t"), v. t. [imp. & p. p. Rebutted;
p. pr. & vb. n. Rebutting.] [OF. rebouter to repulse, drive
back; pref. re- + bouter to push, thrust. See 1st Butt,
Boutade.]
[1913 Webster]
1. To drive or beat back; to repulse.
[1913 Webster]
Who him, rencount'ring fierce, as hawk in flight,
Perforce rebutted back. --Spenser.
[1913 Webster]
2. (Law) To contradict, meet, or oppose by argument, plea, or
countervailing proof. --Abbott.
[1913 Webster] |
| | podobné slovo | definícia |
rebutting
(encz) | rebutting, |
REBUTTING EVIDENCE
(bouvier) | REBUTTING EVIDENCE. That which is given by a party in the cause to explain,
repel, counteract or disprove facts given in evidence on the other side. The
term rebutting evidence is more particularly applied to that evidence given
by the plaintiff, to explain or repel the evidence given by the defendant.
2. It is a general rule that anything may be given as rebutting
evidence which is a direct reply ta that produced on the other side; 2
McCord, 161; and the proof of circumstances may be offered to rebut the most
positive testimony. Pet. C. C. 235. See Circumstances.
3. But there are several rules which exclude all rebutting evidence. A
party cannot impeach the validity of a promissory note which he has made or
endorsed; 3 John. Cas. 185; nor impeach his own witness, though he may
disprove, by other witnesses, matters to which he has testified; 3 Litt.
465, nor can be rebut or contradict what a witness has sworn to, which is
immaterial to the issue. 16 Pick. 153; 2 Bailey, 118.
4. Parties and privies are estopped from contradicting a written
instrument by parol proof, but this rule does not apply to strangers. 10
John. 229. But the parties may prove that before breach the agreement was
abandoned, or annulled by a subsequent agreement not in writing. 4 N. Hamp.
Rep. 196. And when the writing was made by another, as, where the log-book
stated a desertion, the party affected by it may prove that the entry was
false or made by mistake. 4 Mason, R. 541.
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