Cram v. Spear
Ohio Supreme Court
Reserved in the county of Muskingum. The declaration in this case is in assumpsit, containing the •common count. Plea, general issue, with notice of set-off. At the last term of the Supreme Court,'in the county of Mus•kingum, a jury was sworn to try the issue.
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Reserved in the county of Muskingum. The declaration in this case is in assumpsit, containing the •common count. Plea, general issue, with notice of set-off. At the last term of the Supreme Court,'in the county of Mus•kingum, a jury was sworn to try the issue. On the trial the plaintiff produced a book purporting to be a book of accounts, having the first six and.one-half pages written upon, consisting of such entries as are usually made in book accounts; the dates extending from September 4, 1834, to July 23, 1836. On page 6, the following successive entries are made 1836. Jan. 15. D. D.…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
The decision of this motion depends upon the construction of section 2 of the act of December 18, 1823, “ dispensing with proof in certain cases.” 2 Chase’s Stat. 1295. This section provides, “ that in all actions where any claim or defense is founded on book accounts of not more than eighteen months’ standing, in which is drawn in question the validity or amount of any such book accounts, the court or justice may, upon the trial of such action, examine the party under oath or affirmation, touching the validity of such account or accounts,…
2Cases cited3 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Case v. PotterNew York Supreme Court · 1811
- Bradley v. GoodyearSupreme Court of Connecticut · 1803
3Cited by4 opinions
- Robinson v. PulsCalifornia Supreme Court · 1946
- Cross v. AmorettiWyoming Supreme Court · 1932
- Buchanan v. HigginbothamSupreme Court of Virginia · 1918
- Robinson v. PulsCalifornia Supreme Court · 1946