ADMISSIONS. In Evidence. CoiLes sions or voluntary acknowledgments made by a party of the existence or truth of certain facts.
As distinguished from confessions, the term is applied to oivil transactions, and to matters of fact in criminal cases where there is no criminal intent. See CONFESSIONS.' As distinguished from consent, an admission may be said to be evidence furnished by the party's own not of his consent at a previous period.
2. Direct, called also express, admissions are those which are made in direct terms.
Implied admissions are those which result from some act or failure to act of the party.
Incidental admissions are those made in some other connection, or involved in the ad mission of some other fact.
As to the parties by whom admissions must have been made to be considered as evidence :— They may be made by a party to the record, or by one identified in interest with him. 9 Barnew. & C. 535 ; 7 Term, 563 ; 1 Dall. Penn. 65. Not, however, where the party of record is merely a nominal party and has no active interest in the suit. 1 Campb. 392 ; 2 id. 561; 2 Term, 763; 3 Barnew. & C. 421; 5 Pet. 580; 5 Wheat. 277; 7 Mass. 131; 9 Ala. N. s. 791; 20 Johns. N. Y. 142 ; 5 Gill & J. Md. 134.
3. They may be made by one of several having a joint interest, so as to be binding upon all. 2 Bingh. 306; 8 id. 309; 8 Barnew. & C. 36 ; 1 Stark. 488; 2 Pick. Mass. 581; 3 id. 291 ; 4 id. 382 : 1 M'Cord, So. C. 541 ; 1 Johns. N.Y. 3; 7 Wend. N. Y. 441 ; 4 Conn. 336 ; 8 id. 268 ; 7 Me. 26 ; 5 Gill & J. Md. 141 ; 1 Gall. C. C. 635. Mere community of interest, however, as in case of co-executors, 1 Greenleaf, Ev. 176 ; 4 Cow. N.Y. 493; 16 Johns. N. Y. 277 ; trustees, 3 Esp. 101 ; co tenants, 4 Cow. N. Y. 483; 15 Conn. 1, is not sufficient.
The interest in all cases must have sub sisted at the time of making the admissions.
2 Stark. 41 • 4 Conn. 544 ; 14 Mass. 245 ; 5 Johns. N. Y. 412 ; 1 Serg. & R. Penn. 526 ; 9 id. 47 ; 12 id. 328.
They may be made by any person interested in the subject-matter of the suit, though the suit be prosecuted in the name of another person as a cestui qua trust. 1 Wils. 257; 1 Bingh. 45 ; but see 3 Nev. & P. 598; 6 Mann. & G. 261, on indemnifying creditor in an ac tion against the sheriff. 4 East, 584 ; 7 Carr. & P. 629.
4. They may be made by a third person, a stranger to the suit, where the issue is substantially upon the rights of such a per son at a particular time, 1 Greenleaf, Ev. 181 ; 2 Stark. 42; or who has been expressly referred to for information, 1 Campb. 366, n.; 3 Carr. & P. 532; or where there is a privity as ancestor and heir, 5 Barnew. & Ad. 223 ; 1 Bingh. N. c. 430 ; assignor and assignee, 54 Taunt. 16 ; 2 Pick. Mass. 536; 2 Me. 242;
10 id. 244 ; 3 Rawle, Penn. 437; 2 M'Cord, So. C. 241; 17 Conn. 399; intestate and ad ministrator, 3 Bingh. N. c. 291 ; 1 Taunt. 141; grantor and grantee of land, 4 Johns. N. Y. 230 ; 7 Conn. 319 ; 4 Serg. & R. Penn. 174, ai id others.
They may be made by an agent, so as to bind the principal, Story, Ag. 134-137, so far only, however, as the agent has authority, 1 Greenleaf, Ev. 114, and not, it would seem, in regard to past transactions. 6 Mees. & W. Exch. 58 ; 11 Q. B. 46 ; 7 Me. 421 ; 4 Wend. N. Y. 394; 7 Harr. & J. Md. 104; 19 Pick. Mass. 220; 8 Mete. Mass. 142.
5. Thus, the admissions of the wife bind the husband so far only as she has authority in the matter, 1 Esp. 142; 4 Campb. 92; 1 Carr. & P. 621; 7 Term, 112 ; and so the formal admissions of an attorney bind his client. 7 Carr. & P. 6; 1 Mees. & W. Exch. 508 ; and see 2 Carr. & K. 216 ; 3 C. B. 608.
Implied admissions may result from as sumed character, 1 Barnew. & Ald. 677 ; 2 Campb. 513 ; from conduct, 2 Sim. & S. Ch. 600 ; 6 Carr. & P. 241; 9 Barnew. & C. 78 ; 9 Watts, Penn. 441 ; from acquiescence, which is positive in its nature, 1 Sumn. C. C. 314 ; 4 Fla. 340 ; 3 MKS. C. C. 81 ; 2 Vt. 276; from possession of documents,, in some cases. 5 Carr. & P. 75 ; 2 Stark. 140; 25 State Tr. 120.
6. In civil matters, constraint will not avoid admissions, if imposition or fraud were not made use of. As to the rule in criminal mat ters, see CONFESSIONS.
Admissions made in treating for an adjust ment cannot be given in evidence where made under faith in a pending, treaty. 7 Bingh. 101; 2 Campb. 106; 2 Pick. Mass. 290 ; 4 id. 374; 13. Ga. 406.
Judicial admissions, 1 Greenleaf, Ev. 205; 2 Campb. 341; 5 Mass. 365 ; 5 Pick. Mass. 285, those which have been acted on by others, , 3 Rob. La. 243 ; 17 Conn. 355 ; 13 Jur. 253, and in deeds as between parties and privies, 4 Pet. 1; 6 id. 611, are conclusive evidence against the party making them.
It frequently occurs in practice, that, in order to save expenses as to mere formal pi oofs, the attorneys on each side consent to admit, reciprocally, certain facts in the cause without calling for proof of them.
These are usually reduced to writing, and the attorneys shortly add to this effect, namely, "We agree that the above facts shall on the trial of this cause be admitted, and taken as proved on each side;" and signing two copies now called "admissions" in the cause, each attorney takes one. Greeley, Eq. Ev. o. 2, p. 38.
7. In Pleading. The acknowledgment of recognition by one party of the truth of some matter alleged by the opposite party.