Case No. 651.

AULD v. HEPBURN et al.

[1 Cranch, C. C. 166.]¹

Circuit Court, District of Columbia.

June Term, 1804.

PLEADINGS—DEMURRER—NOT EVIDENCE OF FACTS ADMITTED IN ANOTHER SUIT.

An admission of facts by a demurrer in one suit, is not evidence of those facts in another suit between the same parties.

[See Auld v. Hepburn, Case No. 650.]

The record of the suit of Hepburn v. Auld [Case No. 6,389, 1 Cranch, (5 U. S.) 321, and 5 Cranch, (9 U. S.) 262] was offered in evidence by the plaintiff to show that by demurring to Auld's plea, in that case, the defendants have admitted the fact, that the release was required.

E. J. Lee, for plaintiff, cited Lee v. Booth by, 1 Keb. 720; 12 Vin. Abr. 82. Admissions upon record in other cases between the same parties, may be given in evidence.

Mr. Swann, contra, cited Grills v. Mannell, Willes, 380.

THE COURT was of opinion (nem. con.) that the admission of facts by a demurrer cannot bind the party in any other plea, or in any other cause where the facts are put in issue.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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