Schettler v. Jones
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. This action was brought against Tarleton Jones for goods alleged to have been sold to him and delivered to Jones & Co. at his request, during the year 1859. Answer, a general denial. The plaintiff filed a bill of particulars.
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APPEAL from tbe Circuit Court for Brown County. This action was brought against Tarleton Jones for goods alleged to have been sold to him and delivered to Jones & Co. at his request, during the year 1859. Answer, a general denial. The plaintiff filed a bill of particulars. The testimony given by the plaintiff in his own behalf at the trial, and the circumstances under which his offer of his books of account in evidence was rejected by the court, are sufficiently stated in the opinion. Afterwards the plaintiff called as a witness Ernest Sehettler, who testified that he was brother of the…
1Opinion of the CourtDixon, C. J.
The practice of receiving the account books of a party in evidence varies greatly in the different states. In some, the oath of the party is received in authentication and support of Ms books ; in others, the books are received, when verified by a disinterested witness, and the oath of the party is not received; in some a limited admission is given by statute; and in some the practice does not seem to exist at all. See 1 Smith’s Leading Cases, 5th Am. ed., Price v. The Earl of Torrington, 407, inwMch the American decisions are collected, pp. 407 to 432. In tMs state the practice in relation…
2Cases cited3 opinions
- Church v. DavisSupreme Court of Pennsylvania · 1840
- Hartley v. BrookesSupreme Court of Pennsylvania · 1841
- Linn v. NagleeSupreme Court of Pennsylvania · 1839
3Cited by14 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Curran v. WitterWisconsin Supreme Court · 1887
- Peterson v. KnobleWisconsin Supreme Court · 1874
- Winner v. BaumanWisconsin Supreme Court · 1871
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