The Encyclopaedia of Evidence

The Encyclopaedia of Evidence

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... a part of the trial, or, if not so made, must be proved at the trial to have been entered into, or it is not available." e. Change of Issue lm/nafcrial.---It makes no difference that the issues in the case are changed after the stipulation is filed if the admission is of facts material to the issues newly formed." G. AGREED CASE.--a. Genc'ra1ly..---An agreed case is an agreement bctveen the parties as to what the facts are, such facts to be taken as if alleged in proper pleadings, and proved at the trial." b. Is C0nclusiw.---'l'he case thus agreed is conclusive against the parties as to the truth of the facts stated in the absence of any showing of fraud, accident or mistake." c. Made for Purposes of Case Not Competent in Another Case. But if the agreed case is expressly made for the purpose of the case in which it is made, it is not competent evidence against the parties, or either of them, in another action." New Y0rk.--Foster "u. Milliner, 50 Barb. 385. Oklahoma.---Consolidated Steel & Wire Co. v. Bunham, 8 Okla. 514, 58 Pac. 654. Vermont.----Commercial Bank 1/. Clark, 28 Vt. 325. That Certain Matters Shall Not ht-' I-131189458'!---Stipulations to the eflfect that matters presented by the pleadings are not and shall not be litigated in the action may be used on the trial of another action where the judgment in the first cause is offered in evidence to show a fomter adjudication, to prove that the matter in controversy and covered by the stipulation was not adjudicated. Foster 11. Milliner, 50 Barb. 385. Stipulation Competent on Sublequellt Trial---In Merchants' Nat. Bank 2/. Stanton, 62 Minn. 204, 64 N.-W. 390, the court said: "The first trial was had upon more

Product details

  • Paperback | 490 pages
  • 189 x 246 x 25mm | 866g
  • United States
  • English
  • black & white illustrations
  • 1236791738
  • 9781236791733