A Treatise On the Law of Evidence 1
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& M. 242.
3 See Post, § 412.
4 Rex v. Williams, 9 B. & C. 549, per Bayley, J.
512 LAW OF EVIDENCE. [PART III.
judgment had been recovered against the master for such an amount, and upon such and such allegations ; but not to prove that either of those allegations was true ; unless in certain cases, where the servant or agent has undertaken the defence, or being bound to indemnify, has been duly required to assume it. But under the present head are usually classed only those cases, in which the ...record is admissible in evi- dence for or against the witness, to establish the facts therein alleged or involved, in order to acquire a benefit or repel a loss ; 1 and it is in this view alone that the subject will now be considered.
405. The usual and clearest illustration of this branch of the rule is the case of an action, brought by or against one of several persons, who claim a customary right of common, or some other species of customary right. In general, in all cases depending on the existence of a particular custom, a judgment establishing that custom is evidence, though the parties are different.
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You can find similar books in the "Read Also" column, or choose other free books by Greenleaf, Simon, 1783-1853 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
& M. 242.
3 See Post, § 412.
4 Rex v. Williams, 9 B. & C. 549, per Bayley, J.
512 LAW OF EVIDENCE. [PART III.
judgment had been recovered against the master for such an amount, and upon such and such allegations ; but not to prove that either of those allegations was true ; unless in certain cases, where the servant or agent has undertaken the defence, or being bound to indemnify, has been duly required to assume it. But under the present head are usually classed only those cases, in which the ...record is admissible in evi- dence for or against the witness, to establish the facts therein alleged or involved, in order to acquire a benefit or repel a loss ; 1 and it is in this view alone that the subject will now be considered.
405. The usual and clearest illustration of this branch of the rule is the case of an action, brought by or against one of several persons, who claim a customary right of common, or some other species of customary right. In general, in all cases depending on the existence of a particular custom, a judgment establishing that custom is evidence, though the parties are different.
What to read after A Treatise On the Law of Evidence 1?
You can find similar books in the "Read Also" column, or choose other free books by Greenleaf, Simon, 1783-1853 to read onlineMoreLess
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