Gould v. Smith
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J., presiding. Dower. In order to show that the husband was dead, the demand-ant offered evidence that “ the news of his death at Niagara falls, was received in the fall of 1849, by his family, in a newspaper published at Lawrence, Massachusetts, called the Lawrence Courier.” This was objected to, but was admitted as “ inducement to evidence of reputation of the death in his family.”
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On Exceptions from Nisi Prius, Hathaway, J., presiding. Dower. In order to show that the husband was dead, the demand-ant offered evidence that “ the news of his death at Niagara falls, was received in the fall of 1849, by his family, in a newspaper published at Lawrence, Massachusetts, called the Lawrence Courier.” This was objected to, but was admitted as “ inducement to evidence of reputation of the death in his family.” The demandant then offered what purported to be the said newspaper, which was objected to, but admitted as inducement. It was dated Sept. 15, 1849, and contained the…
1Opinion of the CourtRice, J.
— Hearsay, as a general rule, is not evidence. To this rule, however, there are exceptions, under which to prevent an entire failure of justice ; and when no better evidence can be supposed to exist, it is admitted. Crouch v. Eveleth, 15 Mass. 305. But when, from the nature of the testimony offered, it is manifest that better evidence exists and is accessible, it is not admissible. Jackson v. Esty, 5 Cow. 319. It was held by this Court, in Morton v. Barrett, 19 Maine, 109, that the certificate of a consul of the death of an individual abroad, is not evidence of that fact. The letter of the…
2Cases cited2 opinions
- Jackson ex dem. People v. EtzNew York Supreme Court · 1826
- Crouch v. EvelethMassachusetts Supreme Judicial Court · 1818
3Cited by2 opinions
- McKineron v. BlissNew York Supreme Court · 1857
- State v. MitchellSupreme Judicial Court of Maine · 1949