| 词汇 | ADMISSION2 |
| 释义 | `1`ADMISSION2 `2` "Legal Lexicon": 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, or where he has held himself out to the world in a particular character 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. 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 andimmorally, 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. Secondly, with respect to the parties to be affected by it. 1. By a party to a suit. The admissions of the party really interested, although he is no party to the suit, are evidence. The admissions of a partner during the existence of a partnership, are evidence against both 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. 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, ana supported by the original consideration. The state courts have varied in their decisions some have adopted the English rule and, in others it has been overruled. 3. By one of several persons who have a community of interest. 4. By an agent. 5. By an attorney. 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 aquiescence 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. Of Attorneys And Counsellors. To entitle counsellors 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. 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. The usual mode of making an express admission in pleading, is, after saying that the plaintiff ought not to have or maintain his action, to proceed thus, 'Because he says that although it be true that' 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. Go to ADMISSION3 |
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