Marshald v. Thomas

Citations

• 21 Ohio C.C. Dec. 363

Syllabus

<p>EVIDENCE — EXPERT WITNESSES.</p> <p>1. Court Having Admitted in Evidence Several Standards of Comparison of Handwriting Cannot Withdraw Part from the Jury.</p> <p>Where a number of standards of handwriting have been admitted in evidence for the purpose of proving the genuineness of a signature, it is an abuse of discretion on the part of the trial judge amounting to prejudicial error to refuse to permit the jury to take to their room all the standards so introduced as exhibits.</p> <p>2. Theoretical Speculations of Expert Witness on Handwriting Improperly Admitted.</p> <p>An expert witness on handwriting should be confined to matters apparent on the face of the writing. He cannot be permitted by argument or inference. to draw conclusions as to matters not appearing on the face of the writing, and the value of his opinion will depend upon the clearness, with which he demonstrates its correctness.</p> <p>13. Prima Facie Evidence of Delivery and Consideration of Notes.</p> <p>Where promissory notes are found among the papers of a decedent delivery will be presumed; and nothing else appearing, the form of such notes, stipulating that they were for value received, is prima facie evidence of consideration.</p> <p>[Syllabus by the court.]</p>