Burgen v. Tribble

The first question in this case is, whether, in an action of trespass for a tort alleged to have heen committed by the wife alone, evidence that she acknowledged her guilt, is admissible ?

In the second volume of Starkie on Evidence, p. 46, it is sajd that, “even in an action by husband and wife, in right of the wife as executrix, her declaration will not lie evidence.” “ So an admission by the wife, of a trespass, cannot bind the husband.” It would seem, from these doctrines, that, though the cause of action springs from the right of the act of the wife, her declaration or acknowledgment,…