ADMISSION. In the law of evidence, a confession or acknowledgment of a party to an action, made at any time, as to the existence of a fact. They are admissible in evidence against him at the trial of the action, but never in his favor in any case when the existence of the fact is relevant to the issue at the trial. The com petency of this class of evidence constitutes a well settled exception to the so-called "hearsay evidence" rule, that statements not made under oath and not subjeeted to the test of cross-exam ination at the trial shall not be permitted to be given in evidence. While admissions admissible in evidence are most frequently made by a party to the action, they may be made by one acting by his authority or by one identical in interest with him. Thus, admissions made by an agent, or servant, or by the husband or wife of a party, will he received in evidence against him if actu ally or impliedly authorized by him. Admissions made by one claiming under the same title or interest as the party are also admissible in evi dence against him. For example, admissions made by a deceased person during his lifetime are admissible against his executor or admin istrator, and admissions made by the owner of real estate with reference to his title are com petent evidence against his grantee, when the grantee is a party to an action in which his title is in issue. In England the doctrine of admissions made with reference to title to real property has been extended to apply to eases of admissions made with reference to title of personal property and negotiable paper indorsed before due: but in the United States the ten dency has been to limit the application of the rule to admissions made with reference to real property.
In criminal law admissions of guilt by one accused of a crime are technically known as confessions. At common law confessions were held not to be competent evidence against the prisoner when obtained by threats or promise of favor, and modern statutes have generally still further limited the admissibility of confes sions in evidence.
Admission should be distinguished from ad mission against interest, a term which embraces a distinct class of evidence. Admissions against interest are written statements or book entries made by one against his financial or proprietary interest, and are admissible in evidence in any action in which the truth of the matter stated in the admissions is in issue, provided the person making the admission be dead at the time it is offered in evidence. The person making the statement need not represent or be in privity with a party to the action or have acted by his authority. See the works referred to under the title EVIDENCE.