Ives v. Bartholomew
Supreme Court of Connecticut
T/ns was an action on the case for a vexarious suit, commenced, by the present defendant against the present plaintiffs JLttaChment, without reasonable or probable cause.
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T/ns was an action on the case for a vexarious suit, commenced, by the present defendant against the present plaintiffs JLttaChment, without reasonable or probable cause. The cause was tried at New-Haven, January term, 1832, before Daggett, J. The only claim made by the defendant, in the action brought by him against the plaintiff, was, to recover one half of the amount paid by him on a judgment in favor of William R, Elliott against the defendant, the whole sum being about 130 dollars. This judgment was readered on a promissory note for 100 dollars, signed by the plaintiff and the defendant,…
1Opinion of the CourtDaggett, J.
There are three'grounds on which the defendant insists on a new trial.
1. He claims that the charge was wrong as to the effect of his declarations, given in evidence by the plaintiff. I take the rule of law to be, that declarations of a party against his interest are always admissible in evidence. They may weigh little, or they may furnish strong, nay, irresistible proof. Declarations in one’s favour, strictly speaking, are not admissible at all. But where a witness is called to relate the conversation of a party, all which was said at the time, if required, must be testified. This rule rests…
2Cited by9 opinions
- Gould v. GouldSupreme Court of Connecticut · 1905
- Davis v. DavisSupreme Court of Connecticut · 1934
- DickinsonSupreme Court of Connecticut · 1875
- Town of Plainville v. Town of MilfordSupreme Court of Connecticut · 1935
- Sissung v. SissungMichigan Supreme Court · 1887
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