Jackson v. Evans
Michigan Supreme Court
Error to Wayne Circuit, where Evans brought assumpsit on the common counts, to recover of Jackson, and Jeremiah Moores, the value of certain brick. Moores died pending the suit. On the trial the plaintiff called as a witness Theodore Evans, who testified that plaintiff was a brick-layer: that the book produced by witness was" plaintiff’s book of account in which he charged brick delivered by him, and from which he made out his bills.
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Error to Wayne Circuit, where Evans brought assumpsit on the common counts, to recover of Jackson, and Jeremiah Moores, the value of certain brick. Moores died pending the suit. On the trial the plaintiff called as a witness Theodore Evans, who testified that plaintiff was a brick-layer: that the book produced by witness was" plaintiff’s book of account in which he charged brick delivered by him, and from which he made out his bills. The witness looked at several pages in the book, and said the charges therein of brick delivered to Jackson and Moores were in plaintiff’s hand writing: that he,…
1Opinion of the Court
Wing J.:
One of the errors alleged is, that the defendant’s account book in which the entries were made by himself, were received in evidence. It is objected that the ad" mission of this evidence is not authorized by the common law, nor by the statutes of this state.
*481This species of evidence is received in almost every court of the United States, under what Mr. Greenleaf calls the American rule. It is said the principles of the rule were introduced into this country from Holland, by the first settlers of New England, and that the rule itself is supposed to. be founded upon a kind of moral…
2Cases cited7 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- M'Allister v. ReabNew York Supreme Court · 1830
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
- Sickles v. MatherNew York Supreme Court · 1838
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Jones v. LanghorneSupreme Court of Colorado · 1893
- In re Bresler's EstateMichigan Supreme Court · 1909
- Seventh-Day Adventist Publishing Ass'n v. FisherMichigan Supreme Court · 1893
- Swan v. ThurmanMichigan Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.