Privileged Communications as a Branch of Legal Evidence

Privileged Communications as a Branch of Legal 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. 1889 edition. Excerpt: ...inviolate the most unlimited confidence between them and sealing forever in secrecy those confidential communications which were deposited in the bosom of the wife by her husband, or of the husband by the wife. And thus recognizing the divine institution: "For this cause shall a man leave father and mother and shall cleave to his wife; and they twain shall be one flesh. Therefore, they are no more twain, but one flesh." And the-doctrine of the common law is that the husband and his wife are one person in law. In Coke Litt. C. C. it is stated thus: "It hath been resolved by the Justices that a wife cannot be produced either against or for her husband guia sunt duce animaa in ca/r-ne una, and it might be a cause of implacable discord and dissension between the husband and wife and a means of great inconvenience." So that the rule is broadly laid down and not restricted to cases in which the husband and wife, when called as witnesses for or against each other, have a unity of interest. The subject may be considered first as to the communications between the husband and wife, which are privileged; and secondly, as to the restrictions which the law places upon their testimony criminating each other when called as witnesses in cases in which they are and in which they are not parties in court. I. Communications between husband and /wife which a/re sz'/rictly privileged communications. 166. The principle of the rule is to protect the married life from the domestic broils which destroy the peace of families; and to this end the rule is not confined to strictly confidential communications between them, but it extends to all communications between them of whatever nature during marriage. The marriage need not more

Product details

  • Paperback | 92 pages
  • 189 x 246 x 5mm | 181g
  • United States
  • English
  • black & white illustrations
  • 1236850513
  • 9781236850515