Davie v. Roland
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by G. E. Boland against M. S. Davie. Judgment for plaintiff and defendant appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by G. E. Boland against M. S. Davie. Judgment for plaintiff and defendant appeals. The court erred in permitting the plaintiff to refresh bis memory by reference to the book. — Jacques v. Horton, 76' Ala. 238; Galloway v. Varner, 77 Ala. 541; Stoudenmire v. Harper, 81 Ala. 241; Anderson v. English, 121 Ala. 272. On these same authorities it. is insisted that the court erred in admitting the account books in evidence as the entries were not shown to have been made by plaintiff, and he is not shown to have had personal…
1Opinion of the CourtWalker, P. J.
The testimony of the plaintiff (the appellee here) in reference to the book to which the court permitted him to refer for the purpose of refreshing his memory as to the account sued on, and which subsequently it permitted him to offer in evidence, showed that he did not sell all the items charged thereon to the defendant, and did not make all the entries thereon, a number of them being identified by him as having been made by his wife, as to the correctness of which he did not claim to have had personal knowledge at the times the sales were made or when the items were charged. On this…
2Cases cited4 opinions
- Stoudenmire v. Harper Bros.Supreme Court of Alabama · 1886
- Horton v. Miller & Bro.Supreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. CassibrySupreme Court of Alabama · 1895
- Wagar Lumber Co. v. Sullivan Logging Co.Supreme Court of Alabama · 1898
3Cited by5 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Stewart Bros. v. Harris, Cortner & Co.Alabama Court of Appeals · 1912
- Fletcher v. StateAlabama Court of Appeals · 1915
- Stokes v. StateAlabama Court of Appeals · 1915
- Young v. StateAlabama Court of Appeals · 1913