Ford v. Smith
JERRY FORD v. N. B. SMITH
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, J., delivered the opinion of the Court.
Murray, C. J., concurred.
Upon the trial, the defendant introduced receipts of one Hesse to prove payments made to Hesse by defendant, on the joint account of plaintiff and defendant, and for a proportion of which, plaintiff was claimed to be liable to defendant.
These receipts were mere secondary evidence; the best evidence would have been the sworn testimony of Hesse as to the payment tiiade to him, or of any one else who saw the money paid.
For the error in admitting this evidence, the judgment is reversed, and the cause remanded.
Cited by
- People v. Van Ewan Crim. No. 69 · 1896-01-28