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4 Munf. 458

Penner v. Cooper

Supreme Court of Virginia

Decided October 27, 1815

Supreme Court of Virginia · decided 1815-10-27

<p>^ . tio'n, not upon oath, by a person not a party to the cause, tohted the °m" trespass'for which the suit is brought, cannot be given-in evidence to exculpate the defendant.</p>

Cited by 2 later decisions — most recently May 1829

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-10-27

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¶1the president pronounced the court’s opinion, that the hearsay testimony relied on by the appellee, and admitted by the County Court, as stated in the bill of exceptions, was not legal or admissible evidence.

¶2Both judgments reversed; and cause remanded to the Superior Court of law, and from thence to the County Court¡ for a new trial to be had between the parties, in which no such evidence is to be admitted.

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