Vanderbilt Law Review

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"Declarations of a person, whether verbal or written, as to facts relevant to the matter of inquiry, are admissible in evidence, even as between third parties, where it appears: (1) That the declarant is dead; (2) that the declaration was against his pecuniary or proprietary interest; (3) that he had competent knowledge of the fact declared; (4) that he had no probable motive to falsify the fact declared." This, Mr. Justice Walker of North Carolina in 1906 stated to be the established rule.' What is its origin; for what reason is the evidence held to be admissible; to what extent is the reason controlling in the judicial decisions?

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Evidence Commons