Definition of HEARSAY EVIDENCE


HEARSAY EVIDENCE

proved in
his presence by the testimony of a witness sworn or affirmed to speak the
truth.


3. There are, however, exceptions to the rule. 1. Hearsay is admissible
when it is introduced, not as a medium of proof in order to establish a
distinct fact, but as being in itself a part of the transaction in
question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C.
C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.


4. - 2. What a witness swore on a former trial, between the same parties,
and where the same point was in issue as in the second action, and he is
since dead, what he swore to is in general, evidence. 2 Show. 47; 11 John.
R. 446; 2 Hen. & Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ.
on Cr. 683, and the notes.


5. - 3. The dying declarations of a person who has received a mortal
injury, as to the fact itself, and the party by whom it was committed, are
good evidence under certain circumstances. Vide Declarations, and 15 John.
R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.


6. - 4. In questions concerning public rights, common reputation is
admitted to be evidence.


7. - 5. The declarations of deceased persons in cases where they appear
to have been made against their interest, have been admitted.


8. - 6. Declarations in cases of birth and pedigree are also to be
received in evidence.


9. - 7. Boundaries may be proved by hearsay evidence, but, it seems, it
must amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R
142; 4 Dev. 342; 1 Hawks 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3
Bouv. Inst. n. 3065, et seq. 10. There are perhaps a few more exceptions
which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c.
3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev.
19 to 24; Bac. Ab. Evidence, K; Danes Ab. Index, h. t. Vide also, Dig. 39,
3, 2, 8; Id. 22, 3, 28. see Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for
the rules in courts of equity, as to receiving hearsay evidence 20 Am. Jur.
68.


Source: Bouviers Law Dictionary 1856 Edition

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