Barker v. Hamilton
Cases that cite this one
1 later published case cites this decision.
- Arizona Eastern Railroad v. Carillo (Ariz. 1915)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The court below permitted the defendant, for the purpose of impeaching the trust asserted by the plaintiff, to give in evidence the admissions of the infant beneficiary, implied from her conduct. In this there was certainly error. The infant was incapable of an admission which should affect her own rights ; much less can her admissions be used against a third person, who assumes to stand as her trustee.
This error is reviewable here, even though we should hold the exception, which the plaintiff reserved to the finding, insufficient to take the case out of the doctrine of Phelps v. Spruance, 1 Col. 414, and even if we examine the whole record •— as for this purpose, according to the case of Patton v. The Coen & Ten Broeke Co., we may do, it is impossible
Judgment reversed with costs, and cause remanded for a new trial.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.