123 Wis. 360 | Wis. | 1904
The errors claimed, will be discussed in their order.
“The law regards the admission or statement of a party ordinarily as the weakest kind of evidence, for the reason that an admission or statement of a party is liable to be mistaken in one way or more ways. These statements sometimes are not distinctly and clearly understood when they are claimed to have been made by the party to whom they are made; they are not always remembered word for word by the party to whom they are made; and for this reason the law regards the admissions or declarations of persons out of court, casually made to different ones, as the weakest kind of testimony; that again, on the other hand, if those admissions or statements are deliberately made — understandingly made — by the party who makes them, and are clearly understood by the party to whom they are made, and correctly reported in court, then they are considered as strong evidence, providing they were clearly understood, clearly remembered, and correctly reported upon the witness stand. So you are to consider all these contingencies in regard to tire manner of their being understood, their being made, and their being correctly reported in weighing them.”
By the Oourt. — Judgment affirmed.