admissions 音标拼音: [ædm'ɪʃənz] [ədm'ɪʃənz]
ADMISSIONS ,
in evidence .
Concessions by a party of the existence of certain facts .
The term admission is usually applied to civil transactions ,
and to matters of fact in criminal cases ,
where there is no criminal intent the term confession , (
q .
v .)
is generally considered as an admission of guilt .
2 .
An admission is the testimony which the party admitting bears to the truth of a fact against himself .
It is a voluntary act ,
which he acknowledges as true the fact in dispute . [
An admission and consent are ,
in fact ,
one and the same thing ,
unless indeed for more exactness we say ,
that consent is given to a present fact or agreement ,
and admission has reference to au agreement or a fact anterior for properly speaking ,
it is not the admission which forms a contract ,
obligation or engagement ,
against the party admitting .
The admission is ,
by its nature ,
only the proof of a pre -
existing obligation ,
resulting from the agreement or the fact ,
the truth of which is acknowledged .
There is still another remarkable difference between admission and consent :
the first is always free in its origin ,
the latter ,
always morally forced .
I may refuse to consent to a proposition made to me ,
abstain from a fact or an action which would subject me to an obligation ;
but once my consent is given ,
or the action committed ,
I am no longer at liberty to deny or refuse either ;
I am constrained to admit ,
under the penalty of dishonor and infamy .
But notwithstanding all these differences ,
admission is identified with consent ,
and they are both the manifestation of the will .
These admissions are generally evidence of those facts ,
when the admissions themselves are proved .]
3 .
The admissibility and effect of evidence of this description will be considered generally ,
with respect to the nature and manner ,
of the admission itself and ,
secondly ,
with respect to the parties to be affected by it .
4 .
In the first place ,
as to the nature and manner of the admission ;
it is either made with a view to evidence ;
or ,
with a view to induce others to act upon the representation ;
or ,
it is an unconnected or casual representation .
5 .-
1 .
As an instance of admission made with a view to evidence may be mentioned the case where a party has solemnly admitted a fact under his hand and seal ,
in which case he is ,
estopped ,
not only from disputing the deed itself ,
but every fact which it recites .
B .
N .
P .
298 ;
1 Salk .
186 ;
Com .
Dig .
Estoppel ,
B 5 ;
Stark .
Ev .
pt .
4 ,
p .
3 1 .
6 .-
2 .
Instances of thing second class of admissions which have induced others to act upon them are those where a man has cohabited with a woman ,
and treated her in the front of the world as his wife ,
2 Esp .
637 ;
or where he has held himself out to the world in a particular character ;
Ib .
1 Camp .
245 ;
he cannot in the one case deny her to be his Wife when sued by a creditor who has supplied her with goods as such ,
nor in the other can he divest himself of the character be has assumed .
7 .-
3 .
Where the admission or declaration is not direct to the question pending ,
although admissible ,
it is not in general conclusive evidence ;
and though a party may by falsifying his former declaration ,
show that he has acted illegally and immorally ,
yet if he is not guilty of any breach of good faith in the existing transaction ,
and has not induced others ,
to act upon his admission or declaration ,
nor derived any benefit from it against his adversary ,
be is not bound by it .
The evidence in such cases is merely presumptive ,
and liable to be rebutted .
8 .
Secondly ,
with respect to the parties to be affected by it .
1 .
By a party to a suit ,
1 Phil .
Ev .
74 ;
7 T .
R .
563 ;
1 Dall .
65 .
The admissions of the party really interested ,
although he is no party to the suit ,
are evidence .
1 Wils .
257 .
9 .-
2 .
The admissions of a partner during the existence of a partnership ,
are evidence against both .
1 Taunt .
104 ;
Peake '
s C .
203 1 Stark .
C .
81 .
See 10 Johns .
R .
66 Ib .
216 ;
1 M . &
Selw .
249 .
As to admissions made after the dissolution .
of the partnership ,
see 3 Johns .
R .
536 ;
15 Johns .
R .
424 1 Marsh . (
Kentucky )
R .
189 .
According to the English decisions ,
it seems ,
the admissions of one partner ,
after the dissolution ,
have been holden to bind the other partner ;
this rule has been partially changed by act of parliament .
Colly .
on Part .
282 ;
Stat .
9 Geo .
IV .
c .
14 ,
(
May 9 ,
1828 .)
In the Supreme Court of the United States ,
a rule ,
the reverse of the English ,
has been adopted ,
mainly on the ground ,
that the admission is a new contract or promise ,
springing out of ,
and supported by the original consideration .
1 Pet .
R .
351 ;
2 M '
Lean ,
87 .
The state courts have varied in their decisions some have adopted the English rule ;
and ,
in others it has been overruled .
2 Bouv .
Inst .
ii .
1517 ;
Story ,
Partn .
Sec .
324 ;
3 Kent ,
Com .
Lect .
43 ,
p .
49 ,
4th ed .;
17 S . &
R .
126 ;
15 Johns .
R .
409 ;
9 Cowen ,
R .
422 ;
4 Paige ,
R .
17 ;
11 Pick .
R .
400 ;
7 Yerg .
R .
534 .
10 .-
3 .
By one of several persons who have a community of interest .
Stark ,
Ev .
pt .
4 ,
p .
47 ;
3 Serg . &
R .
9 .
11 .-
4 .
By an agent ,
1 Phil .
Ev .
77 -
82 3 Paley Ag .
203 -
207 .
12 .-
5 .
By an attorney ,
4 Camp .
133 ;
by wife ,
Paley ,
Ag .
139 ,
n .
2 Whart .
Dig .
tit .
Evidence ,
0 7 T .
R .
112 ;
Nott &
M '
C .
374 .
13 .
Admissions are express or implied .
An express admission is one made in direct terms .
An admission may be implied from the silence of the party ,
and may be presumed .
As for instance ,
when the existence of the debt ,
or of the particular right ,
has been asserted in his presence ,
and he has not contradicted it .
And an acquiescence and endurance ,
when acts are done by another ,
which if wrongfully done ,
are encroachments ,
and call for resistance and opposition ,
are evidence ,
as a tacit admission that such acts could not be legally resisted .
See 2 Stark .
C .
471 .
See ,
generally ,
Stark .
Ev .
part 4 ,
tit .
Admissions ;
1 Phil .
Ev .
part 1 ,
c .
5 ,
s .
4 ;
1 Greenl .
Ev .
Sec .
169 -
212 ;
2 Evans '
Pothier ,
319 ;
8 East ,
549 ,
ii .
1 ;
Com .
Dig .
Testemoigne ,
Addenda ,
vol .
7 ,
p .
434 ;
Vin .
Abr .
Evidence ,
A ,
b .
2 ,
A ,
b .
23 Ib .
Confessions ;
this Dict .
tit .
Confessions ,
Examination ;
Bac .
Abr .
Evidence L .;
Toullier ,
Droit ,
Civil Francais ,
tome 10 ,
p .
375 ,
450 ;
3 Bouv .
Inst .
n .
3073 .
ADMISSIONS .
in pleading .
Where one party means to take advantage of ,
or rely upon some matter alleged by his adversary ,
and to make it part of his case ,
he ought to admit such matter in his own pleadings ;
as if either party states the title under which his adversary claims ,
in which instances it ,
is directly opposite in its nature to a protestation .
See Prote stando .
But where the party wishes to prevent the application of his pleading to some matter contained in the pleading of his adversary ,
and therefore makes an express admission of such matter (
which is sometimes the case ,)
in order to exclude it from the issue taken or the like ,
it is somewhat similar in operation and effect ,
to a protestation .
2 .
The usual mode of making an express admission in pleading ,
is ,
after saying that the plaintiff ought not to have or maintain his action , &
c .,
to proceed thus , "
Because he says that although it be true that " &
c .
repeating such of the allegations of the adverse party as are meant to be admitted .
Express admissions are only matters of fact alleged in the pleadings ;
it never being necessary expressly to admit their legal sufficiency ,
which is always taken for granted ,
unless some objection be made to them .
Lawes '
Civ .
Pl .
143 ,
144 .
See 1 Chit Pl .
600 ;
Archb .
Civ .
Pl .
215 .
3 .
In chancery pleadings ,
admissions are said to be plenary and partial .
They are plenary by force of terms not only when the answer runs in this form , "
the defendant admits it to be true ,"
but also when he simply asserts ,
and generally speaking ,
when be says ,
that "
he has been informed ,
and believes it to be true ,"
without adding a qualification such as , "
that he does not know it of his own knowledge to be so ,
and therefore does not admit the same ."
Partial admissions are those which are delivered in terms of uncertainty ,
mixed up as they frequently are ,
with explanatory or qualifying circumstances .
ADMISSIONS ,
of attorneys and counselors .
To entitle counselors and attorneys to practice in court ,
they must be admitted by the court to practice there .
Different statutes and rules have been made to regulate their admission ;
they generally require a previous qualification by study under the direction of some practicing counsellor or attorney .
See 1 Troub .
&
Haly '
s Pr .
18 ;
1 Arch .
Pr .
16 ;
Blake '
s Pr .
30 .
ADMISSIONS ,
in practice ,
It ,
frequently occurs in practice ,
that in order to save expenses as to mere formal proofs ,
the attorneys on each side consent to admit ,
reciprocally ,
certain facts in the cause without calling for proof of them .
2 .
These are usually reduced to writing ,
and the ,
attorneys shortly ,
add to this effect ,
namely , "
We agree that the above facts shall on the trial of this cause be admitted ,
and taken as proved on each side ;"
and signing two copies now called , "
admissions "
in the cause ,
each attorney takes one .
Gresl .
Eq .
Ev .
c .
2 ,
p .
38 .
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