A Treatise on the Law of Indirect and Collateral Evidence - Brossura

Brossura

ISBN 10: 115042477X ISBN 13: 9781150424779

Riassunto

General Books publication date: 2009 Original publication date: 1897 Original Publisher: Bowen-Merrill Co. Subjects: Evidence (Law) Evidence, Circumstantial Law / Civil Procedure Law / Evidence Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Admissions will admit of a further sub-classification, as the black letter words of the sections of this chapter will indicate, but such statements may be classified, in a general way, as express and implied. § 2. Admissions before interest attached. -- Every individual is under an implied compact with society to speak the truth. He ought not to complain, therefore, if a court of justice should adjust his affairs, when required to do so, in accordance with his statement concerning them, even if he had no interest at the time which was disserved by what he said. There are, however, a few decisions in which the courts have been so tender of convicting parties out of their own mouths that they insist that the declaration must be self- disserving, if it is admitted. The particular holding in these cases is that the admissions of a devisee or legatee as to the testator's mental condition, made before the execution of the will, are not competent, because the statements were not at the time opposed to the declarant's interest.1 This ruling has met with deserved dissent elsewhere. The doctrine is recognized, and will be elsewhere discussed,8 that the admissions of parties who represent others, made before they were clothed with their trust, are not competent, but this rule is notfor the benefit of such parties, but for the protection of those whom they represent. It sometimes happens that at the time a statement is made it is not against interest, but that subsequently an unapprehend...

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• ISBN 10: 115042477X
• ISBN 13: 9781150424779
• Rilegatura: Copertina flessibile