Noah Haynes Swayne

Name: Blackburn v. Crawfords — Opinion of the Court
Author: Noah Haynes Swayne

Blackburn v. Crawfords — Opinion of the Court

Summary

“Blackburn v. Crawfords — Opinion of the Court”, is a work by Noah Haynes Swayne. It explores elements such as evidence, entry and declarations.

Quotes from Blackburn v. Crawfords — Opinion of the Court (Noah Haynes Swayne)

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ If offered to prove a marriage, the production of the memorandum would have been necessary, for two reasons: it would have been the best evidence of the existence and contents of the entry, and would have given to the adverse party the means, to which he was entitled, of a cross-examination. Here it was proposed to use the testimony negatively. The object was to draw the inference that the marriage had not occurred, from the fact that no entry of its was found to exist. We think the same considerations apply as if the purpose had been to prove a marriage affirmatively. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ Another view of the case is, that the protection which the rule gives, is the protection of the client; and it cannot be said to be for the protection of the client that evidence should be rejected-the effect of which would be to prove a trust cereated by him, and to destroy a claim to take beneficially by the parties accepting the trust.'
This reasoning applies to the declarations of the testator here in question. How can it be said to be for his interest to exclude any testimony in support of what he solemnly proclaimed and put on record by his will? ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ The third of these charges is liable to a further objection. It instructed the jury, that if the facts were as there stated, 'the presumption of law was in favor of the legitimacy of the children.' Under such circumstances the law makes no presumption. The question to be determined was one of fact and not of law. The facts referred to were a part of the evidence. They were to be weighed against the countervailing evidence. They might, by possibility, all be true, and yet no marriage have occurred, and the children all be illegitimate. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ We come, in the fourth place, to consider the matter of the testimony of the Reverend Mr. Fiziac, examined in France on a commission, and whose deposition was offered by the plaintiff in error, and in a large part excluded by the court. [12]
The witness is not very explicit as to the 'private memorandum' which he testifies that he kept. We understand, from what is said, that it was a book or paper, in which he entered, or intended to enter, each marriage as it occurred. Such entries, being made by the writer in the ordinary course of his business, are competent evidence. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ The defendants in error claimed to belong to the family, and to be his nephew and nieces. To prove this relationship, it was competent for them to give in evidence the declarations of any deceased member of that family. But the declarations of a person belonging to another family-such person claiming to be connected with that family only by the intermarriage of a member of each family-rests upon a different principle. A declaration from such a source of the marriage which constitutes the affinity of the declarant, is not such evidence aliunde as the law requires. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ But it is not of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on, without the aid of men skilled in jurisprudence-in the practice of courts-and in those matters affecting the rights and obligations which form the subject of all judicial proceedings. If the privilege did not exist at all, every one would be thrown upon his own legal resources. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ Hubback thus [5] states the principle which it decides: 'It is sufficient that the declarant be connected by extrinsic evidence with one branch of the family, touching which his declaration is tendered.' Lord Brougham himself said in that case: 'I entirely agree that, in order to admit hearsay evidence in pedigree, you must, by evidence dehors the declarations, connect the persons making them, with the family. ”

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Source: Wikisource

Noah Haynes Swayne, Blackburn v. Crawfords — Opinion of the Court

“ The first exception relates to the admission of evidence as to what Sarah Evans had said in regard to the marriage of her sister, Elizabeth Taylor, with Mr. Crawford. [1] Was the testimony rightly admitted?
Greenleaf says: [2] 'It is now settled that the law resorts to hearsay evidence in cases of predigree, upon the ground of the interest of the declarants in the person from whom the descent is made out, and their consequent interest in knowing the connections of the family. ”

Noah Haynes Swayne

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