Johnston v. Lindsey Bros.
Alabama Court of Appeals
Appeal from Mobile Law. and Equity Court. Heard before Hon. Sapfold Berney. Assumpsit by Lindsey Bros, against W. M. Johnson. Judgment for plaintiff and defendant appeals.
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Appeal from Mobile Law. and Equity Court. Heard before Hon. Sapfold Berney. Assumpsit by Lindsey Bros, against W. M. Johnson. Judgment for plaintiff and defendant appeals. The court erred in not excluding the account books as it appears from the evidence that they were not original entries made by the party himself, and no effort was made to show that the parties making them were dead or out of the jurisdiction of. the court. — Disnmlces v. Tolston, 67 Ala. 868; McDonald v. Games, 90 Ala. 147; Hart v. Kendall, 82 Ala. 144; Bowling v. Fannin, 97 Ala. 619; Wager Lumber Go. v. Sullivan L. G.}…
1Opinion of the CourtWalker, P. J.
The ground of the defendant’s motion to exclude the testimony of J. R. Lindsey, one of the plaintiffs, as to the correctness of the account, or *340as to the correctness of any of the items; was “that it is shown that the witness’ testimony is based absolutely on hearsay, and because of the' witness’ own statement that he did not know a single item that constituted the bill.” This ground of objection was not based upon fact. Not only is it not true that the witness stated that he did not know a single item that constituted the bill, but in the course of his testimony he mentioned several items as…
2Cases cited2 opinions
- Harper v. StateSupreme Court of Alabama · 1895
- Alabama Midland Railroad v. Darby & SonSupreme Court of Alabama · 1898