Gillespy v. Little
Alabama Court of Appeals
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by John S. Gillespy against E. A. Little. Judgment for defendant, and plaintiff appeals. George Rutledge, being introduced by defendant, testified that he was a member of the firm of Walker & Rutledge, who were agents for plaintiff in renting the premises in controversy, and that he had charge of making statements, remitting checks, etc.
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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by John S. Gillespy against E. A. Little. Judgment for defendant, and plaintiff appeals. George Rutledge, being introduced by defendant, testified that he was a member of the firm of Walker & Rutledge, who were agents for plaintiff in renting the premises in controversy, and that he had charge of making statements, remitting checks, etc. He was asked if he rendered written statements to Dr. Gillespy here about the rent of this building, and over objection was permitted to testify that he made written statements to Dr. Gillespy…
1Opinion of the CourtSamford, J.
[1] On the trial, the defendant was permitted to introduce secondary evidence of a written statement claimed to have been sent from plaintiff’s agent to the plaintiff, without notice having been given to the plaintiff to produce the statement at the trial.
Where a writing of which a party desires to, introduce secondary evidence or its contents is in tile control of the adverse party, the former will be required as a general rule to show to the satisfaction of the presiding 'judge that the adverse party being in possession of the writing has failed or refused to produce the same, after notice…
2Cases cited1 opinion
- Kidd & Co. v. Cromwell, Haight & Co.Supreme Court of Alabama · 1850