Stansall v. Columbian National Life Insurance

(After stating the foregoing facts.) Section *905873 of the Civil Code (1910) provides that “a witness may refresh and assist his memory by the use of any written instrument or memorandum, provided he finally speaks from his recollection thus refreshed, or is willing to swear positively from the paper.” A witness in giving positive testimony from recollection as thus refreshed may read in the presence of the jury from a memorandum made by him or which at some time he knew to be correct. Burney v. Ball, 24 Ga. 505 (2); Proctor & Gamble Co. v. Blakely Oil Co., 128 Ga. 606 (2) (57 S. E. 879).…