Holmes v. Gayle
Supreme Court of Alabama
THE defendants in error declared against the plaintiff in the circuit court of Dallas, in assumpsit, for work and labor done, for goods, wares, and merchandise, sold and delivered, for money lent and advanced, and paid, laid out, and expended, for money had and received, and on an account stated. The case was tried on issues to the pleas of non assumpsit, accord and satisfaction, set-off, and payment.
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THE defendants in error declared against the plaintiff in the circuit court of Dallas, in assumpsit, for work and labor done, for goods, wares, and merchandise, sold and delivered, for money lent and advanced, and paid, laid out, and expended, for money had and received, and on an account stated. The case was tried on issues to the pleas of non assumpsit, accord and satisfaction, set-off, and payment. At the trial a bill of exceptions was taken to the ruling of the presiding judge. From this we learn that it was proved “ that the book-keeper who had been in the employment of Galye & Bower,…
1Opinion of the CourtCollier, C. J.
— It is argued for the plaintiff in error, that by a settled rule of evidence, facts must be established by the best proof of which they will admit; and that in the present case as the witness could not testify to the correctness of tbe account from his own unassisted recollection, it was necessary that the books of original entries should be adduced, as evidence of a higher grade than mere copies, however carefully compared. This argument would be well founded, had the witness been called on to testify as to facts of which he possessed no personal knowledge, but with which he became…
2Cited by12 opinions
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Floyd v. PughSupreme Court of Alabama · 1917
- Long v. RodgersSupreme Court of Alabama · 1851
- Byars v. JamesSupreme Court of Alabama · 1922
- Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
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