Parris v. Bellows's Estate

Supreme Court of Vermont

Parris v. Bellows's Estate

52 Vt. 351

CourtSupreme Court of Vermont

DecidedJanuary 15, 1880

StatusPublished

Cited by4 cases

This text of 52 Vt. 351 (Parris v. Bellows's Estate) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parris v. Bellows's Estate, 52 Vt. 351 (Vt. 1880).

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Opinion

[353]*353The opinion of the court was delivered by

Redfield, J.

The admission 'of the memorandum book was error. It contains, as the plaintiff claims, the memorandum of a fact, made by himself. He is by statute denied the right to testify to that fact; and he cannot make a memorandum that shall be legal evidence of that fact. The case is identical in principle with Jewett v. Winship, 42 Vt. 204, and Lapham v. Kelly, 35 Vt. 195, and the reasons given in those cases we deem sound in this.

Judgment reversed.

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[353]*353The opinion of the court was delivered by

Redfield, J.

The admission 'of the memorandum book was error. It contains, as the plaintiff claims, the memorandum of a fact, made by himself. He is by statute denied the right to testify to that fact; and he cannot make a memorandum that shall be legal evidence of that fact. The case is identical in principle with Jewett v. Winship, 42 Vt. 204, and Lapham v. Kelly, 35 Vt. 195, and the reasons given in those cases we deem sound in this.

Judgment reversed.

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Bluebook (online)

52 Vt. 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parris-v-bellowss-estate-vt-1880.

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