Jones v. Hurlburt
New York Supreme Court
THIS was a motion by the plaintiff, for a new trial, upon a case and exceptions ordered at the circuit to be heard at the general term, in the first instance.
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THIS was a motion by the plaintiff, for a new trial, upon a case and exceptions ordered at the circuit to be heard at the general term, in the first instance. The action was brought for the recovery of certain personal property alleged to belong to the plaintiff and to have been taken and unlawfully detained by the defendant, who was sued as sheriff of Invinggtqn county, The defendant, by his answer, admitted the taking, and in justification thereof alleged that he took the property as sheriff, by virtue of an execution issued on the 1st of July, 1859, for the enforcement of a judgment…
1Opinion of the Court
By the Court,
Welles, J.
It is a general principle of the law of evidence that the declarations or admissions of one not a party to the action cannot be received in evidence, unless they constitute a part of the res gestes. To this rule there are exceptions; as in cases of privies in blood, in estate and law; of deceased persons against their interests; of one copartner against another; and of an agent against his principal-together with other kindred" cases—in which the admissions &c. made by a privy, in order to be admissible, must have been made while he owned the estate of the deceased…
2Cases cited2 opinions
- Miller v. AdsitNew York Supreme Court · 1837
- Harris v. WilsonNew York Supreme Court · 1831
3Cited by5 opinions
- People v. MarksNew York Court of Appeals · 1959
- Schwartzreich v. Bauman-Basch, Inc.Appellate Terms of the Supreme Court of New York · 1918
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1939
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- People v. PavlikNew York Supreme Court · 1888