ADMISSIONS, in evidence. Concessions by a party of the existence of certainfacts. The term admission is usually applied to civil transactions, and tomatters of fact in criminal cases, where there is no criminal intent theterm confession, (q.v.) is generally considered as an admission of guilt.
2. An admission is the testimony which the party admitting bears to thetruth of a fact against himself. It is a voluntary act,which he acknowledgesas true the fact in dispute. [An admission and consent are, in fact, one andthe same thing, unless indeed for more exactness we say, that consent isgiven to a present fact or agreement, and admission has reference to auagreement or a fact anterior for properly speaking, it is not the admissionwhich forms a contract, obligation or engagement, against the partyadmitting. The admission is, by its nature, only the proof of a pre-existingobligation, resulting from the agreement or the fact, the truth of which isacknowledged. There is still another remarkable difference betweenadmission and consent: the first is always free in its origin, the latter,always morally forced. I may refuse to consent to a proposition made to me,abstain from a fact or an action which would subject me to an obligation ;but once my consent is given, or the action committed, I am no longer atliberty to deny or refuse either; I am constrained to admit, under thepenalty of dishonor and infamy. But notwithstanding all these differences,admission is identified with consent, and they are both the manifestation ofthe will. These admissions are generally evidence of those facts, when theadmissions themselves are proved.]
3. The admissibility and effect of evidence of this description will beconsidered generally, with respect to the nature and manner, of theadmission itself and, secondly, with respect to the parties to be affectedby it.
4. In the first place, as to the nature and manner of the admission; itis either made with a view to evidence; or, with a view to induce others toact upon the representation; or, it is an unconnected or casualrepresentation.
5.-1. As an instance of admission made with a view to evidence may bementioned the case where a party has solemnly admitted a fact under his handand seal, in which case he is, estopped, not only from disputing the deeditself, but every fact which it recites. B. N. P. 298; 1 Salk. 186; Com.Dig. Estoppel, B 5; Stark. Ev. pt. 4, p. 3 1.
6.-2. Instances of thing second class of admissions which haveinduced others to act upon them are those where a man has cohabited with awoman, and treated her in the front of the world as his wife, 2 Esp. 637; orwhere he has held himself out to the world in a particular character; Ib. 1Camp. 245 ; he cannot in the one case deny her to be his Wife when sued by acreditor who has supplied her with goods as such, nor in the other can hedivest himself of the character be has assumed.
7.-3. Where the admission or declaration is not direct to thequestion pending, although admissible, it is not in general conclusiveevidence; and though a party may by falsifying his former declaration, showthat he has acted illegally and immorally, yet if he is not guilty of anybreach of good faith in the existing transaction, and has not inducedothers, to act upon his admission or declaration, nor derived any benefitfrom it against his adversary, be is not bound by it. The evidence in suchcases is merely presumptive, and liable to be rebutted.
8. Secondly, with respect to the parties to be affected by it. 1. By aparty to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall. 65. The admissions ofthe party really interested, although he is no party to the suit, areevidence. 1 Wils. 257.
9.-2. The admissions of a partner during the existence of apartnership, are evidence against both. 1 Taunt. 104; Peake's C. 203 1Stark. C. 81. See 10 Johns. R. 66 Ib. 216; 1 M. & Selw. 249. As toadmissions made after the dissolution. of the partnership, see 3 Johns. R.536; 15 Johns. R. 424 1 Marsh. (Kentucky) R. 189. According to the Englishdecisions, it seems, the admissions of one partner, after the dissolution,have been holden to bind the other partner; this rule has been partiallychanged by act of parliament. Colly. on Part. 282; Stat. 9 Geo. IV. c. 14,(May 9, 1828.) In the Supreme Court of the United States, a rule, thereverse of the English, has been adopted, mainly on the ground, that theadmission is a new contract or promise, springing out of, and supported bythe original consideration. 1 Pet. R. 351; 2 M'Lean, 87. The state courtshave varied in their decisions some have adopted the English rule; and, inothers it has been overruled. 2 Bouv. Inst. ii. 1517; Story, Partn. Sec.324; 3 Kent, Com. Lect. 43, p. 49, 4th ed.; 17 S. & R. 126; 15 Johns. R.409; 9 Cowen, R. 422; 4 Paige, R. 17; 11 Pick. R. 400; 7 Yerg. R. 534.
10.-3. By one of several persons who have a community of interest.Stark, Ev. pt. 4, p. 47; 3 Serg. & R. 9.
11.-4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207.
12.-5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139, n. 2Whart.Dig. tit. Evidence, 0 7 T. R. 112 ; Nott & M'C. 374.
13. Admissions are express or implied. An express admission is one madein direct terms. An admission may be implied from the silence of the party,and may be presumed. As for instance, when the existence of the debt, or ofthe particular right, has been asserted in his presence, and he has notcontradicted it. And an acquiescence and endurance, when acts are done byanother, which if wrongfully done, are encroachments, and call forresistance and opposition, are evidence, as a tacit admission that such actscould not be legally resisted. See 2 Stark. C. 471. See, generally, Stark.Ev. part 4, tit. Admissions; 1 Phil. Ev. part 1, c. 5, s. 4; 1 Greenl. Ev.Sec. 169-212; 2 Evans' Pothier, 319; 8 East, 549, ii. 1; Com. Dig.Testemoigne, Addenda, vol. 7, p. 434; Vin. Abr. Evidence, A, b. 2, A, b. 23Ib. Confessions; this Dict. tit. Confessions, Examination; Bac. Abr.Evidence L.; Toullier, Droit, Civil Francais, tome 10, p. 375, 450; 3 Bouv.Inst. n. 3073.
ADMISSIONS, of attorneys and counselors. To entitle counselors andattorneys to practice in court, they must be admitted by the court topractice there. Different statutes and rules have been made to regulatetheir admission; they generally require a previous qualification by studyunder the direction of some practicing counsellor or attorney. See 1 Troub.& Haly's Pr. 18; 1 Arch. Pr. 16; Blake's Pr. 30.
ADMISSIONS. in pleading. Where one party means to take advantage of, or relyupon some matter alleged by his adversary, and to make it part of his case,he ought to admit such matter in his own pleadings; as if either partystates the title under which his adversary claims, in which instances it,isdirectly opposite in its nature to a protestation. See Prote stando. Butwhere the party wishes to prevent the application of his pleading to somematter contained in the pleading of his adversary, and therefore makes anexpress admission of such matter (which is sometimes the case,) in order toexclude it from the issue taken or the like, it is somewhat similar inoperation and effect, to a protestation.
2. The usual mode of making an express admission in pleading, is, aftersaying that the plaintiff ought not to have or maintain his action, &c., toproceed thus, "Because he says that although it be true that" &c. repeatingsuch of the allegations of the adverse party as are meant to be admitted.Express admissions are only matters of fact alleged in the pleadings; itnever being necessary expressly to admit their legal sufficiency, which isalways taken for granted, unless some objection be made to them. Lawes' Civ.Pl. 143, 144. See 1 Chit Pl. 600; Archb. Civ. Pl. 215.
3. In chancery pleadings, admissions are said to be plenary andpartial. They are plenary by force of terms not only when the answer runsin this form, "the defendant admits it to be true," but also when he simplyasserts, and generally speaking, when be says, that "he has been informed,and believes it to be true," without adding a qualification such as, "thathe does not know it of his own knowledge to be so, and therefore does notadmit the same." Partial admissions are those which are delivered in termsof uncertainty, mixed up as they frequently are, with explanatory orqualifying circumstances.
ADMISSIONS, in practice, It, frequently occurs in practice, that in order tosave expenses as to mere formal proofs, the attorneys on each side consentto admit, reciprocally, certain facts in the cause without calling for proofof them.
2. These are usually reduced to writing, and the, attorneys shortly,add to this effect, namely, "We agree that the above facts shall on thetrial of this cause be admitted, and taken as proved on each side;" andsigning two copies now called, "admissions" in the cause, each attorneytakes one. Gresl. Eq. Ev. c. 2, p. 38.