Cole v. Dial
Texas Supreme Court
Appeal from Harrison. This suit was brought by the appellee on an open account for money due from the appellant to the appellee’s intestate. The only point relied on was the ruling of the court below that the books of. account kept by the deceased as a merchant should be received in evidence as proof of tile money items for money’ loaned and advanced, on proof being made that the deceased kept correct accounts and had no clerk.
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Appeal from Harrison. This suit was brought by the appellee on an open account for money due from the appellant to the appellee’s intestate. The only point relied on was the ruling of the court below that the books of. account kept by the deceased as a merchant should be received in evidence as proof of tile money items for money’ loaned and advanced, on proof being made that the deceased kept correct accounts and had no clerk. The District Court erred by permitting the book of accounts of appellee’s intestate to go to the jury as evidence of the money items therein. Ro respectable court of…
1Opinion of the CourtLipscomb, J.
The admission of books of a merchant as evidence in support of the charges and items therein contained was a long time much contested in the courts of England and the United States, and they were at first received with much jealousy as an innovation on the rule that no person should be permitted to make testimony for himself. And many very able jurists have expressed an opinion in opposition to such evidence and entirely reject them. It is not. however, to be denied that their reception has gradually gained ground until what at first was clearly judicial legislation has obtained a pretty…
2Cited by2 opinions
- Pool v. SneedCourt of Appeals of Texas · 1943
- Scruggs v. E. L. Woodley Lumber Co.Court of Appeals of Texas · 1915