Johnson v. Powers
Supreme Court of Vermont
This was an action of trover for a watch. Plea, the general issue, and trial by jury, April Terra, 1867, Barrett, J., presiding. Upon the trial, the plaintiff’s evidence tended to show, that on the 18th day of December, 1861, he lost his watch at the store of Benj.
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This was an action of trover for a watch. Plea, the general issue, and trial by jury, April Terra, 1867, Barrett, J., presiding. Upon the trial, the plaintiff’s evidence tended to show, that on the 18th day of December, 1861, he lost his watch at the store of Benj. E. Morse, in Hewfane, and that the defendant either found and took said watch into his possession, or that some other person picked tip and disposed of the same with the defendant’s concurrence, and shared the avails with him, or that some other person picked up and disposed of the same by procurement'of the defendant, or that some…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The evidence introduced by the plaintiff to prove what the defendant testified to, at the former trial, was admissible. It is a well settled rule of law that the declarations or admissions, oral or written, or both, of' a party to the record, are, as against such party, admissible in evidence. Greeuleaf’s Ev. §§ 171-201 and 203. Phillips’ Ev. 98, 389 and notes. The object of the party using such declarations or admissions against the party who made them, is only to ascertain that which he conceded against himself, yet, unless the whole is…
2Cases cited3 opinions
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Marsh v. JonesSupreme Court of Vermont · 1849
- Whitcher v. MoreySupreme Court of Vermont · 1867
3Cited by6 opinions
- Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1912
- State v. TruskettSupreme Court of Kansas · 1911
- McRorie v. . MonroeNew York Court of Appeals · 1911
- People v. BowenMichigan Supreme Court · 1912
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1953
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