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Is an extra-judicial verbal admission by a party to an action receivable in evidence as an exception to the hearsay rule? That rule generally excludes extra-judicial statements when offered to prove the truth of the matter therein asserted. If admissions are received for any other purpose, or if they are received not as evidence, but as substitutes for proof, the query should be answered in the negative. Formal judicial admissions dispense with the necessity of evidence. They take the matter out of the domain of proof, so that neither court nor jury need make any finding with respect to them from the evidence. If a party in his pleading, or by stipulation, or by a formal declaration in open court admits the truth of any allegation, then so long as the pleading remains without amendment or so long as the admission stands unretracted, the allegation, for the purposes of the case, is taken as true by the court and jury, and no testimony by the admitter tending to show its untruth will ordinarily be received or considered. It has been suggested that extra-judicial admissions are to be received on the same basis "as a substitute for the ordinary and legal proof; in virtue of the direct consent and waiver of the party."' "An admission," it has been said, "is a fact to be proved by evidence, not evidence to prove a fact. 2 These expressions appear to indicate that whenever a party is shown to have made an extra-judicial admission, he must be deemed to have waived proof by his opponent of the matter thus

Admissions as an Exception to the Hearsay Rule