Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 35

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 35

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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. 1841 edition. Excerpt: ...of evidence, we find none of the circumstances attending them which would render them inadmissible, or without consequence. At the several times they were written, he was not even menaced with a suit; they were not written to buy his peace, nor under any ignorance of the facts; for, he says in his answers to interrogatories, that he received no other notices than those from Berthoud. In this, he is mistaken; but this disclosure shows that his attention must have been directed to these letters: his letters show the same fact. In this view of the subject, we must look for the rules of evidence in our own jurisprudence, which, however, coincides with that of England, and the other states, in this point.. Mr. Starkie, in his treatise on evidence, p. 32, and seq., treats of the subject of concessions or admissions, and states the law at length. He makes the very obvious distinction between the admissions or conduct, upon which aparty has induced others to act, or by which he has acquired some advantage to himself and others, of a less conclusive character. He repeats the well known doctrine, that an admission of a fact may be presumed, not only from declarations, but from silence and the acquiescence of the party, as when the existence of a debt or right is asserted in his presence, and he has not contradicted it. Page 38, id., Starkie states that a conditional admission, where a condition has not been performed, is not admissible in evidence. In this case the objection cannot be made, for the letters are in evidence without objection. From the examples given by Starkie, it will be seen that the rule he has stated would not include the letters of Grimshaw, or reach their effect. It may be correct as a general rule, but the exceptions to it...show more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236873645
  • 9781236873644