Halliday v. Butt
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Bobert Dougherty. This action was brought by Jere. Butt, against D. T. Halliday, to recover the value of medical services rendered by the plaintiff as a physician prior to the 1st day of January, 1857; and was commenced on the 1st September, 1858. The only plea was the general issue, and issue was joined on that plea.
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Appeal from the Circuit Court of Macon. Tried before the Hon. Bobert Dougherty. This action was brought by Jere. Butt, against D. T. Halliday, to recover the value of medical services rendered by the plaintiff as a physician prior to the 1st day of January, 1857; and was commenced on the 1st September, 1858. The only plea was the general issue, and issue was joined on that plea. “ On the trial,” as the bill of exceptions states, “ the plaintiff offered himself as a witness, to testify to the jury that ascertain book, which he had, contained the original entries as to the services for which he…
1Opinion of the CourtJudge, J.
1. Tbe general rule of tbe common law is, tbat a party’s books are not admissible in evidence for bim; tbey are considered as hearsay, of bis own fabrication. — 1 Phil. Ev. C. & H.’s Notes, 377. This rule of tbe common law, whatever may be tbe decisions of other States upon tbe question, is recognized and enforced in this State. — Moore v. Andrews & Brother, 5 Porter, 107; Nolly v. Holmes, 3 Ala. 642. But, by section 2298 of tbe Code, it is provided, tbat “ tbe original entries in tbe books of a physician are evidence for him, in all actions brought for tbe recovery of his medical services,…
2Cases cited5 opinions
- Jemison v. SmithSupreme Court of Alabama · 1861
- Bishop v. BlairSupreme Court of Alabama · 1860
- Larue v. RowlandNew York Supreme Court · 1849
- Nolley v. HolmesSupreme Court of Alabama · 1842
- Moore v. Andrews & Bros.Supreme Court of Alabama · 1837
3Cited by4 opinions
- Sharp v. BlantonSupreme Court of Alabama · 1915
- Ex Parte EdmundsSupreme Court of Alabama · 1919
- Jordan v. StateSupreme Court of Alabama · 1875
- Corporation-Conferred Diplomas, Pennsylvania Department of Justice1973