Offutt v. John
Supreme Court of Missouri
APPEAL from the Ray Circuit Court. 1. That hearsay is competent original evidence only, where the fact sought to be proved, from its nature absolutely, or at least usually, excludes proof by direct evidence; as in questions of relationship, character, prescription, pedigree, and the like. — 1 Starkie’s Ev., 30; Peake’s Ev., 22. And the tests of its admissibility are — 1st. That the fact to be proved be of a public nature. — 1 Starkie’s Ev., 33, 43. 2d.
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APPEAL from the Ray Circuit Court. 1. That hearsay is competent original evidence only, where the fact sought to be proved, from its nature absolutely, or at least usually, excludes proof by direct evidence; as in questions of relationship, character, prescription, pedigree, and the like. — 1 Starkie’s Ev., 30; Peake’s Ev., 22. And the tests of its admissibility are — 1st. That the fact to be proved be of a public nature. — 1 Starkie’s Ev., 33, 43. 2d. That neither reputation, nor traditionary declarations, are admissible to prove a particular fact. — 1 Starkie’s Ev., 34; Outram vs. Morewood,…
1Opinion of the CourtNapton, Judge
This was an action brought by the appellee to establish his freedom, under the provisions of our statute regulating the mode of proceeding in such cases. The defendant pleaded the general issue, and offered in evidence the record of a suit for freedom, in the Circuit Court of Logan county, Kentucky, between the appellee and one Eli Oifutt, from which it appeared that a verdict and judgment was had against the appellee. The appellant purchased the appellee from said Eli Offutt.
The court instructed the jury that this was persuasive evidence of the facts therein, but not conclusive; and that the…
2Cases cited9 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Young v. BlackSupreme Court of the United States · 1813
- Lawrence v. HuntNew York Supreme Court · 1833
- United States v. NourseSupreme Court of the United States · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Dickey v. HeimMissouri Court of Appeals · 1892
- Glenn v. PriestU.S. Circuit Court for the District of Eastern Missouri · 1891
- New York, L. E. & W. R. Co. v. McHenryU.S. Circuit Court for the District of Southern New York · 1883