68 Me. 215 | Me. | 1878
At the first trial of this action, it was admitted
Such was the opinion of Lord Denman. In his report to the commission appointed to inquire into proceedings in actions at law, he says, and says truly, that much time is shamefully wasted in proving facts that ought to be admitted ; that there ought always to be a preliminary hearing to settle the issues; and that each party ought to be required to admit every fact not really controverted; and that the suppression of any known material fact should not only be deemed disreputable, but punished with costs; that such a course would save much precious time, now “ shamefully wasted.” 5 Lives of the Chief Justices, 201.
In Wetherell v. Bird, 7 Car. & P. 6, where an admission had been made at the first trial, which, at the second trial, counsel sought to have excluded upon the same ground taken here, namely, that it was made with a view to the former trial only ; the court held that, inasmuch as there was nothing in the admission limiting it to the first trial, it was clearly admissible at the second.
Such is the rule laid down by Professor Greenleaf. He says the admissions of attorneys of record may be given in evidence, “even upon a new trial.” 1 Greenl. Ev. § 186. And further on, he says that, if such admissions are made improvidently or by mistake, the court will, in its discretion, relieve the party. § 2Ó6.
With such a discretionary power lodged in the court, we think no evil results will follow if we adopt the rule that an admission made at the first trial, if reduced to writing, or incorporated into
Exceptions overruled.