Martien v. Barr
Supreme Court of Missouri
ERROR to the circuit court of Cooper county. The only point in this case is, whether the circuit court erred in rejecting the testimony offered, and in overruling the motion for a new trial? There is no rule of evidence better established than that the admissions of a party are always testimony against himself, and upon this ground the judgment of the circuit court ought tobe reversed — see Swift’s Digest, 126; 1 Starkie’s Ev. 61; 2 Starkie’s Ev. 20, 22; 1 Phil.
Read the full summary
ERROR to the circuit court of Cooper county. The only point in this case is, whether the circuit court erred in rejecting the testimony offered, and in overruling the motion for a new trial? There is no rule of evidence better established than that the admissions of a party are always testimony against himself, and upon this ground the judgment of the circuit court ought tobe reversed — see Swift’s Digest, 126; 1 Starkie’s Ev. 61; 2 Starkie’s Ev. 20, 22; 1 Phil. Ev. 74, 286, note (b.) Rex v. Clarke, 8 T. R. 220; et passin. We deny that the circuit court erred in excluding the testimony. 1.…
1Opinion of the CourtTompkins, Judge
Martien sued Barr before a justice of the peace) and judgment being rendered against him by the justice, he appealed to the circuit court, where judgment being again given against him, he sued out his writ of error to reverse that judgment.
It appears from the bill of exceptions that Martien, the plaintiff in error, offered to give as evidence in the circuit court the testimony of Barr before the justice of the peace, and that the court refused to permit him to do it. For this reason he moved to set aside the verdict and for a new trial. The circuit court overruled his motion.
The only point…
2Cited by2 opinions
- Cole v. . SweetNew York Court of Appeals · 1907
- Miller v. FoustOhio Court of Appeals · 1935