Legal Opinion
Higgs v. Wilson
Court of Appeals of Kentucky
Decided January 30, 1860PublishedCited by 4 opinions
CASE 33 — PETITION ORDINARY — APPEAL PROM PULTON CIRCUIT COURT. cited Jones on Bailments, 117 ; 2 Bl. Com., 451; Sto7'y on Bailments, chap. 1, sec. 2, et passim ; 1 Bibb, 611; 2 Bibb, 311; 6 Mon., 136; 6 B. Mon., 341; 5 Dana, 7; 1 Greenleafs Ev., sec. 200; Lilt. Sel. Cases, 144; 5 Dana, 599; 1 Marsh., 237-8.
1Opinion of the Court
JUDGE DUVALL
delivered the opinion op the court:
The principle which determines the admissibility and effect of verbal admissions and statements of a party, is thus laid down by Greenleaf:
“With respect to verbal admissions, it may be observed that they ought to be received with great caution. The evidence, consisting as it does, in the mere repetition of oral statements, is subject to much imperfection and mistake — tbe party himself either being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness,…
2Cases cited2 opinions
- Snelling v. UtterbackCourt of Appeals of Kentucky · 1809
- Vaughn & McKee's Heirs v. HannCourt of Appeals of Kentucky · 1846
3Cited by4 opinions
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
- Blackburn v. CommonwealthCourt of Appeals of Kentucky · 1876
- Green v. TannerMassachusetts Supreme Judicial Court · 1844
- Brady v. CommonwealthCourt of Appeals of Kentucky · 1875