Smiley v. Dewey
Ohio Supreme Court
This is a Writ or Error, directed to the Court of Common Pleas of Scioto County. The facts are stated in the opinion of the Court.
1Opinion of the CourtAvert, J.
The action in the Court below was assumpsit, and the declaration contained the common counts.
The plea was the general issue, with notice of set off.
Upon the trial before the jury, a bill of exceptions was taken by the defendant, from which it appears that the plaintiff was sworn as a witness, and testified to the loss, by accident, of one of his books of account. He then produced a witness, who swore that he had compared the plaintiff’s bill of particulars with the entries in the said lost book and found them to correspond ; when the plaintiff was permitted to testify to the correctness of…
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