Davis v. Wood/Opinion of the Court

Lee, cited the opinion of the Virginia court of appeals, in the case of Pegram v. Isabel,a as to the admissibility of the record, in which a record was admitted.

Key, contra, contended, that both grounds were irrevocably closed against the other party. The first certainly; and the second equally so; as the evidence could not be admissible as prima facie testimony merely, but if admitted must be conclusive. The decisions in the state courts of Virginia are against the evidence of the parent's or other ancestor's freedom being conclusive in favour of a child. The case of Pegram v. Isabel is no authority here, for it was formerly considered and repudiated by this court in the decision alluded to.

Lee and Law replied, and cited 2 Washington's Rep. 64., and Swift's Law of Evidence, 13.

March 12th.

MARSHALL, Ch. J., delivered the opinion of the court, and stated, that, as to the first exception, the court had revised its opinion in the case of Mima Queen and child v. Hepburn, and confirmed it.

As to the second exception, the record was not between the same parties. The rule is, that verdicts are evidence between parties and privies. The court does

Notes