Hurst v. Kirby

Plaintiff introduced in evidence the official report of a state examiner, regularly made in due course, showing the items of sheriff’s fees collected by the defendant clerk, as evidenced by the execution docket kept by the clerk in his office. The report is, in fact, a statement of account between the sheriff and the clerk with respect to the fees in question. Section 746, Code 1923, provides that — •

“Such reports shall be public records and shall be prima facie evidence of what they charge.”

The effect of this report was to make a prima facie ease for plaintiff, and the bur-den of refuting…