Crawford v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Motion by the Bank, against the plaintiff in error, as maker of a promissory note. The defendant appeared and issue was joined, on the plea of payment.
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Error to the Circuit Court of Mobile. Motion by the Bank, against the plaintiff in error, as maker of a promissory note. The defendant appeared and issue was joined, on the plea of payment. The defendant, as appears from a bill of exceptions, introduced the Cashier of the Bank, and asked him, if he had produced the books, agreements, &c., connected with a shipment of cotton by the Bank, and produced the subpoena executed on him, and the President, requiring them to produce them. The books not being produced, the Court allowed the defendant to examine the witness as to their contents, who…
1Opinion of the CourtOrmond, J.
An exception to the general rule, that the best evidence must be produced, obtains in the case of public *81writings, as it would be improper to permit them to be transported from place to place. [1 Phillips Ev. 428.] In England, it has been held, that the books of the East India Company,and the Bank of England are, for some purposes considered as .public writings, from the interest the public have in them, and'so far as the books themselves would be evidence, if produced, sworn copies may be admitted in evidence. See the authorities referred to by Phillips at page 428, and see also, 1 Starkie,…
2Cited by5 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Miller & Co. v. BoykinSupreme Court of Alabama · 1881
- Roden & Co. v. BrownSupreme Court of Alabama · 1893
- United States v. HaugenDistrict Court, E.D. Washington · 1944
- Mobile Life Insurance v. EggerSupreme Court of Alabama · 1880