Wilkins v. Babbershall

Supreme Judicial Court of Maine

Wilkins v. Babbershall

32 Me. 184

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1850

StatusPublished

Cited by2 cases

This text of 32 Me. 184 (Wilkins v. Babbershall) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilkins v. Babbershall, 32 Me. 184 (Me. 1850).

Pincite

Opinion

Howard, J.,

orally.—The plaintiff contends that it was not competent for defendant to prove the out-door statements of Fowles, till, upon inquiry, Fowles had had opportunity to explain. Such is the rule in England and in some of the other States. It was never so in Maine. It has always been understood that the declarations of a witness may be proved, without such previous inquiry. The rule is well known. It is a salutary one, and we see no reason for changing it.

Exceptions overruled.

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Howard, J.,

orally.—The plaintiff contends that it was not competent for defendant to prove the out-door statements of Fowles, till, upon inquiry, Fowles had had opportunity to explain. Such is the rule in England and in some of the other States. It was never so in Maine. It has always been understood that the declarations of a witness may be proved, without such previous inquiry. The rule is well known. It is a salutary one, and we see no reason for changing it.

Exceptions overruled.

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Bluebook (online)

32 Me. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-babbershall-me-1850.

Opinion

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