A Digest of the Law of Evidence

Cover A Digest of the Law of Evidence
A Digest of the Law of Evidence
James Fitzjames Stephen
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60 A DIGEST OF [PART I.
Article 44.
judgments generally irrelevant as between strangers.
Judgments are not relevant as rendering probable facta which may be inferred from their existence, but which they neither state nor decide- As between strangers ; As between parties and privies in suits where the issue is different, even though they relate to the same occur- rence or subject matter; Or in favor of strangers against parties or privies.
But a judgment may be relevant as between strangers: (1)
... As being an admission, or (2) If it relates to a matter of public or general interest, as a statement under article 30.
Illustrations.
(a) The question is, whether A has sustained loss by the negli- gence of B, his servant, who has injured C's horse.
A judgment recovered by C against A for the injury, though conclusive as against B, as to the fact that C recovered a sum of money from A, is irrelevant to the question, whether this was caused by B's negligence. 1 (6) The question, whether a bill of exchange is forged, arises in an action on the bill.


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