Doster v. Brown
Supreme Court of Georgia
Assumpsit and New Trial, from Coweta county. Decided by Judge Bull, September Term, 1857. This was an action by Green B. Doster against James. Brown, to recover the amount which the plaintiff claimed for work done in the erection of a mill for the defendant. The dam of the mill was washed away and the defendant refused to pay the plaintiff the amount claimed. On the trial the plaintiff introduced a memorandum book to prove the account.
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Assumpsit and New Trial, from Coweta county. Decided by Judge Bull, September Term, 1857. This was an action by Green B. Doster against James. Brown, to recover the amount which the plaintiff claimed for work done in the erection of a mill for the defendant. The dam of the mill was washed away and the defendant refused to pay the plaintiff the amount claimed. On the trial the plaintiff introduced a memorandum book to prove the account. To the admission of this in evidence the counsel for the defendant objected on the ground that it was’without date and that there were alterations and erasures…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The first assignment of error in this record is on the decision of the Court rejecting, as evidence, the memorandum -book of the plaintiff, tendered as his book of original entries, to prove the account sued on. It was ruled out on two *25grounds. 1st. Because it was without date; and secondly, because it showed, upon inspection, manifest alterations and erasures in the amounts charged. The daté of the account may have been proved by other evidence, and that the book had no date, was not a valid objection to its being admitted in evidence. The…
2Cited by31 opinions
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- O'Dell v. StateSupreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Flemister v. Central Georgia Power Co.Supreme Court of Georgia · 1913
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
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