Legal Opinion

Herriott v. Kersey

Supreme Court of Iowa

Decided June 15, 1886PublishedCited by 1 opinion

Appeal from Guthrie Oiretvit Court. The petition contains four counts, and the plaintiff seeks to recover rent under an express contract on an account for money received, and for the use and occupation1'of certain premises. There was a denial of the allegations of the petition and a counter-claim pleaded by the defendant. Trial by jury, judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSeevers, J.

l. evidence : count. I. Certain books, purporting to be plaintiff’s books of original entry, and identified as such, were introduced in evidence, and it is insisted that the books contained numerous charges, which were not made by either of the witnesses who testified in relation to the books. We understand that the entries were made by four persons, three of whom were witnesses and gave the requisite statutory evidence in relation thereto; and the court said, as to the entries made by the fourth person, Atkinson, that the books could not be introduced to prove the charges made by him. To our…

2Cited by1 opinion

  1. Jungk v. ReedUtah Supreme Court · 1893

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