King v. Chase
Superior Court of New Hampshire
Trespass, for taking and carrying away thirty t ns of hay, five tons of corn fodder, and other articles, on the 17th day of August, A. D. 1841. Plea, the general issue. It appeared in evidence, on the^part of the plaintiff, William King, that his father, William King the elder, died January 14, 1841. His will was executed March 80, 1835, was proved in March, 1841, and the plaintiff appointed administrator with the will annexed.
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Trespass, for taking and carrying away thirty t ns of hay, five tons of corn fodder, and other articles, on the 17th day of August, A. D. 1841. Plea, the general issue. It appeared in evidence, on the^part of the plaintiff, William King, that his father, William King the elder, died January 14, 1841. His will was executed March 80, 1835, was proved in March, 1841, and the plaintiff appointed administrator with the will annexed. The probate of the will was revoked, and the will declared null, in March, 1843. On the 27th of June, 1841,, the plaintiff took a mortgage from Oliver King, conveying…
1Opinion of the CourtParker, C. J.
A verdict and judgment between third persons may be offered in evidence by way of inducement, or to establish a collateral fact. Greenl. Evid. 564. In those cases it is only by way of proof of the fact tried or found. And if that matter does not appear, by reason of the generality of the pleadings, it may be made certain by evidence aliunde. 3 Pick. R. 429, Parker, Admr., vs. Thompson. When thus offered, it is usually conclusive evidence of the fact established by it, and no more. See 1 Stark. Ev. 188-187.
A verdict and judgment may be used as evidence between the same parties and their…
2Cases cited4 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Young v. BlackSupreme Court of the United States · 1813
- Towns v. NimsSuperior Court of New Hampshire · 1830
- Dame v. WingateSuperior Court of New Hampshire · 1841
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- State v. CorronSupreme Court of New Hampshire · 1905
- United States v. CathcardDistrict Court, D. Nebraska · 1946
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