Alabama Construction Co. v. Meador
Supreme Court of Alabama
Appeal from. Circuit Court of Calhoun. Tried before the Hon. John Pelham. This was an action by the appellee against the appellant upon an account.
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Appeal from. Circuit Court of Calhoun. Tried before the Hon. John Pelham. This was an action by the appellee against the appellant upon an account. The appellee, testifying in his own behalf, stated that, in October, 1901, he received a letter from D. B. Lacy, one of the defendants; that, shortly prior to the bringing of this suit, he had delivered the letter to Canterberry & Gilder, his attorneys at Linden, Alabama; that witness went to their office to search for the letter and, with their assistance, searched in the place where they kept their correspondence and that they were not able to…
1Opinion of the CourtAndebson, J.
While no general rule can be laid down as to the degree of diligence to be used in making search for the original document, in order to lay a predicate for the introduction of secondary evidence of the contents thereof, it depending largely upon the circumstances of the ease and the character of the document, yet the loss should invariably he proven by the custodian. “The loss must be proved, if possible, by the person in whose custody it was at the time of the loss, if such person is living, and if dead application should be made to his representative and search made among his documents.” —…
2Cases cited1 opinion
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
3Cited by5 opinions
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Life Casualty Ins. Co. v. BellSupreme Court of Alabama · 1938
- Brunson v. BrunsonSupreme Court of Alabama · 1965
- United States Fidelity & Guaranty Co. v. Town of DothanSupreme Court of Alabama · 1911
- Sims v. StateSupreme Court of Alabama · 1908