Rhode v. McLean

Appellate Court of Illinois

Rhode v. McLean

9 Ill. App. 404, 1881 Ill. App. LEXIS 165

DecidedOctober 6, 1881

StatusPublished

This text of 9 Ill. App. 404 (Rhode v. McLean) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rhode v. McLean, 9 Ill. App. 404, 1881 Ill. App. LEXIS 165 (Ill. Ct. App. 1881).

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Opinion

Per Curiam.

The only serious question in the case seems to have been whether the proper foundation was laid for secondary evidence of the contents of the bond. Blatter’s admission was competent against him. It was not objected that while it might be competent as to him, it did not bind the others. Had this been suggested, the plaintiff could have placed Blatter on the stand, and obviated any possible difficulty. But we think Blatter’s admission was competent against all; and while it belongs to the class of admissions that may be rebutted, it was prima facie enough for the purpose. 1 Gr. Ev. Sec. 174, and cases cited; Wharton on Ev. Sec. 1088-1192-1199; Cross v. Bidingfield, 35 Eng. C. R. 35.

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Per Curiam.

The only serious question in the case seems to have been whether the proper foundation was laid for secondary evidence of the contents of the bond. Blatter’s admission was competent against him. It was not objected that while it might be competent as to him, it did not bind the others. Had this been suggested, the plaintiff could have placed Blatter on the stand, and obviated any possible difficulty. But we think Blatter’s admission was competent against all; and while it belongs to the class of admissions that may be rebutted, it was prima facie enough for the purpose. 1 Gr. Ev. Sec. 174, and cases cited; Wharton on Ev. Sec. 1088-1192-1199; Cross v. Bidingfield, 35 Eng. C. R. 35.

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Bluebook (online)

9 Ill. App. 404, 1881 Ill. App. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhode-v-mclean-illappct-1881.