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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 1   View pdf image (33K)
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CASES IN
THE HIGH COURT OF CHANCERY
OF MARYLAND.
HON. JOHN JOHNSON, CHANCELLOR.
BRADFORD AND WILLIAMS
vs MARCH TERM, 1849.
GEORGE H. WILLIAMS AND OTHERS.
[EVIDENCE—ELECTION. ]
THE rule of evidence, that husband and wife cannot be witnesses for or
against each other, is firmly established, and is founded partly on identity
of interest, and partly on that principle of public policy which seeka to
prevent discord in families,—a policy of which no invasion will be per-
mitted, even after divorce.
No case has been found in which a husband has been so far regarded as agent
for his wife, as that his declarations as agent can bo received in evidence
against her.
The rule which admits as evidence the admissions and declarations of an
agent, like other rules, is subject to limitations. Such declarations
must be made in the course of, and accompanying the transaction which
is the subject of inquiry,—but when so made, they constitute a part of
the res gestas, and are binding on the principal.
Declarations of an agent, made after the transaction, though in relation to
it, are no part of the res geste, and are not binding on the principal, but
come within the rule that excludes hearsay evidence.
The entries in the books of an agent, running over a long lapse of time,
cannot be used against a principal, without showing that they were
made under circumstances which constitute them a part of the res gestx.
A plaintiff suing at law and in equity at the game time and for the same
matter, will be compelled to elect in which court he will proceed. The
reason and object of this rule is to relieve a defendant from the "dou-
ble vexation" of defending himself in two courts against the same de-
1—[WINGATE'S LAW REPORTER.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 1   View pdf image (33K)
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