Section 36 · Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
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Judgments, orders or decrees other than those mentioned in section 35 are relevant if they
relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not
conclusive proof of that which they state.
Illustration.
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
Illustration.
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
Under the old law
BSA 36IEA 42
42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.
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