John McLean

Name: Stein v. Bowman — Opinion of the Court
Author: John McLean

Summary

“Stein v. Bowman — Opinion of the Court”, is a work by John McLean. It explores elements such as witness, evidence and husband.

Quotes from Stein v. Bowman — Opinion of the Court (John McLean)

John McLean, Stein v. Bowman — Opinion of the Court

“ The rule which protects the domestic relations from exposure, rests upon considerations connected with the peace of families. And it is conceived that this principle does not merely afford protection to the husband and wife, which they are at liberty to invoke or not, at their discretion, when the question is propounded; but it renders them incompetent to disclose facts in evidence in violation of the rule. And it is well that the principle does not rest on the discretion of the parties. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ This rule is founded upon the deepest and soundest principles of our nature. Principles which have grown out of those domestic relations, that constitute the basis of civil society; and which are essential to the enjoyment of that confidence which should subsist between those who are connected by the nearest and dearest relations of life. To break down or impair the great principles which protect the sanctities of husband and wife, would be to destroy the best solace of human existence.
We think that the Court erred in overruling the objections to this witness. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ Confessions which, if ever made, were made under all the confidence that subsists between husband and wife. It is true the husband was dead, but this does not weaken the principle. Indeed, it would seem rather to increase than lessen the force of the rule.
Can the wife, under such circumstances, either voluntarily, be permitted, or by force of authority be compelled to state facts in evidence, which render infamous the character of her husband. We think, most clearly, that she cannot be. Public policy and established principles forbid it. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ Every individual who prosecutes or defends a suit is, in the nature of things, disposed to view most favourably his own side of the controversy, and, with no small degree of prejudice, the side of his adversary. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ It would be extremely dangerous to receive hearsay declarations in evidence respecting any matter, after the controversy has commenced. This would enable a party, by ingenious contrivances, to manufacture evidence to sustain his cause. By interrogatories propounded in a cautious manner to unsuspecting individuals, he might elicit the answers he most desired. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ In the course of the trial, Bowman, the defendant, was admitted as a witness by the Court; and, being sworn, gave evidence to the jury respecting the merits of the case. And to this decision of the Court, overruling the objection made, the plaintiff also excepted.
No rule is better established, than that a party, in an action at law, cannot be a witness in his own case. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ The declarations proposed to be proved by the witness, do not appear to have been made by members of the family, or by persons who had such connexions with the deceased as to have a personal knowledge of the facts stated. And these persons, for aught that appears, are still living; and their depositions might be taken.
On both these grounds, the evidence was inadmissible. But there is another ground on which the opinion of the District Court can be sustained, and it is proper to state it. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ The plaintiff objected to the swearing of the witness, but the Court overruled the objection, and permitted the witness to give evidence. To this opinion the plaintiff excepted.
It is a general rule that neither a husband nor wife can be a witness for or against the other. ”

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Source: Wikisource

John McLean, Stein v. Bowman — Opinion of the Court

“ On the principle of this case, it would seem that the Court very properly rejected the depositions offered.
The certificate and seal of the minister resident from Great Britain in Hanover, is not a proper authentication for the proceedings of a foreign Court, or of the proceedings of an officer authorized to take depositions. It is not connected in any way with the functions of the minister. His certificate and seal could only authenticate those acts which are appropriate to his office.
The authority to take the depositions by the person before whom they were taken no where appears ”

John McLean

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