Legal Opinion

Chambless v. Woods, Housing Expediter

Court of Appeals for the Fifth Circuit

Decided May 17, 1950No. 12941_1PublishedCited by 6 opinions

1Opinion of the Court

WALLER, Circuit Judge.

The local rent attorney was allowed, over the objection of counsel for the defendant, to give oral testimony as to what was the maximum allowable rental on the housing accommodations involved in this case.

We think that the objection was well taken and should have been sustained. The record, which was available to the Government and which apparently was in custody of the witness, was the best evidence. See Woods v. Swank, 5 Cir., 170 F.2d 885.

It will not do to say that the defendant was offered access to the records h-y the Court and that defendant could have offered same…

2Cases cited3 opinions

  1. Moore Et Ux. v. United StatesCourt of Appeals for the Fifth Circuit · 1950
  2. Jackson v. Woods, Housing Expediter. Woods, Housing Expediter v. JacksonCourt of Appeals for the Fifth Circuit · 1950
  3. Woods v. SwankCourt of Appeals for the Fifth Circuit · 1948

3Cited by6 opinions

  1. Charles E. Doss v. Apache Powder CompanyCourt of Appeals for the Fifth Circuit · 1970
  2. Dennis Ray Clark v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  3. McBride's Express, Inc. v. United StatesDistrict Court, E.D. Illinois · 1958
  4. Tomazich v. PadisIdaho Supreme Court · 1951
  5. Freeman v. Commercial Union Assurance CompanyCourt of Appeals of Texas · 1958

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