CUSTOM; OPINION; PEDIGREE; PRESCRIPTION.
Consult Greenleaf, Evidence ; Starkie, Evi dence; Phillipps, Evidence; Best on Presump tion.
Prof. Parker's MSS. Lectures on Med. Jur. in Dartmouth College.
11. The effect of evidence. As a general rule, a judgment rendered by a court of competent jurisdiction directly upon a point in issue is a bar between the same parties, 1 Phillipps, Ev. 242; and privies in blood, as an heir, 3 Mod. 141, or privies in estate, 1 Ld. Raym. 730 ; Buller, Nisi P. 232, stand in the same situation as those they represent: the verdict and judgment may be used for or against them, and ie conclusive. See RES JUDICATA.
The constitution of the United States, art. 4, a. 1, declares that " full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof." See AUTHEN TICATION ; 7 Cranch, 408, 481 ; 9 id. 192 ; 6 Wheat. 234; 10 id. 469 ; 17 Mass. 546; 2 Yeates, Penn. 532 ; 3 Bibb, Ky. 369 ; 2 Marsh. Ky. 293 ; 5 Day, Conn. 563.
As to the effect of foreign laws, see FOREIGN Taws. For the force and effect of foreign judgments, see FOREIGN JUDGMENTS.
12. The object of evidence is next to be considered. It is to ascertain the truth be tween the parties'. It has been discovered by experience that this is done most certainly by the adoption of the following rules, which are now binding as law.—I. The evidence must be confined to the point in issue. 2. The substance of the issue must be proved ; hut only the substance is required to be proved. 3. The affirmative of the issue must be proved.
It is a general rule, both in civil and crimi nal cases, that the evidence shall b8 confined to the point in issue. Justice and conveni ence require the observance of this rule, par ticularly in criminal cases; for when a pri soner is charged with an offence it is of the utmost importance to him that the facts laid before the jury should consist exclusively of the transaction which forms the subject of the indictment, and which alone he has come prepared to answer. 2 Russell, Or. 694; 1 Phillipps, Ev. 166.
To this general rule there are several ex ceptions, and a variety of cases which do not fall within the rule. In general, evidence Of collateral facts is not admissible ; but when such a fact is material to the issue joined between the parties, it may be given in evidence: as, for example, in order to prove that the acceptor of a bill knew the payee to be a fictitious person, or that the drawer had general authority from him to fill up bills with the name of a fictitious payee, evidence may be given to show that he had accepted similar bills before they could, from their date, have arrived from the place of date. 2 H. Blackst. 288.
When special damage sustained by the plaintiff is not stated in the declaration, it is not one of the points in issue, and, therefore, evidence of it cannot be received ; yet a da mage which is a necessary result of the de fendant's breach of contract may be proved notwithstanding it is not in the declaration. II Price, Exch. 19.
In general, evidence of the character of either party to a suit is inadmissible ; yet in some cases such evidence may be given. See CHARACTER.
When evidence incidentally applies to an other person or thing not included in the transaction in question, and with regard to whom or to which it is inadmissible, yet if it bear upon the point in issue it will be re ceived. 8 Bingh. 376. And see I Phillipps, Ev. 158 ; 2 East, P1. Cr. 1035 ; 2 Leach, Cr. Cas. 985; 4 Bos. & P. 92; Russ. & R. Cr. Cas. 376 ; 2 Yeates, Penn. 114; 9 Conn. 47. i 13. The acts of others, as n the case of conspirators, may be given in evidence against the prisoner, when referable to the issue ; but confessions made by one of several con spirators after the offence has been completed, and when the conspirators no longer act in con deft, cannot be received. See CONFESSION : 3 Pick. Mass. 33 ; 10 id. 497 ; 2 Pet. 364 ; 2 Va. Cas.269 ; 3 Serg. & R. Penn. 9, 220 ; 1 Rawle, Penn. 362, 458; 2 Leigh, Va. 745 ; 2 Day, Cas. Conn. 205 ; 2 Barnew. & Ald. 573, 574. In criminal cases, when the offence is a cumulative one, consisting itself in the com mission of a number of acts, evidence of those acts is not only admissible, but essen tial to support the charge. On an indictment against a defendant for a conspiracy to cause himself to be believed a man of large pro perty, for the purpose of defrauding trades men, after proof of a representation to one tradesman, evidence may thereupon be given of a representation to another tradesman at a different time. 1 Campb. 399 ; 2 Day, Conn. 205 ; 1 Johns. N. Y. 99 ; 4 Rog. 143 ; 2 Johns. Cas. N. Y. 193.