Cooke v. Woodrow
Supreme Court of the United States
ERROR to the circuit court of the distri *■ of Columbia, in an action of trover brought by the plaintiffs in error for sundry household goods. . , , , , . . „ A bill or exceptions stated that the plaintiffs on the trial produced in evidence to support their title to the goods, a certain paper writing signed by one John Withers, to which one John Pierson had subscribed his name as, a witness, and offered parol evidence to prove that the subscribing-witness “ had upwards of a…
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ERROR to the circuit court of the distri *■ of Columbia, in an action of trover brought by the plaintiffs in error for sundry household goods. . , , , , . . „ A bill or exceptions stated that the plaintiffs on the trial produced in evidence to support their title to the goods, a certain paper writing signed by one John Withers, to which one John Pierson had subscribed his name as, a witness, and offered parol evidence to prove that the subscribing-witness “ had upwards of a year ago left the district of Columbia, and that before he left the said district he declared that he should go to the…
1Opinion of the Court
Marshall, Ch. J.
after stating the case as it appeared in the bill of exceptions, observed.
That the court had some difficulty upon the point. The general rule of evidence is,, that the_ best evidence must be produced which the nature of the «ase admits, and which is in the power of the party. In consequence <Sf -.that rule, the testimony of the subscribing witness must be had if possible. But if it appear that the testimony of the subscribing witness cannot be had, the- next best evidence is proof of his hand-writing. In the present case it does not appear to^ the court that the testimony of…
2Cited by22 opinions
- Hilton v. DickinsonSupreme Court of the United States · 1883
- McVicker v. ConkleSupreme Court of Georgia · 1895
- Walker v. United StatesSupreme Court of the United States · 1866
- Gordon v. OgdenSupreme Court of the United States · 1830
- Nourse v. RiddellDistrict Court, S.D. California · 1956
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