Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 14

Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...made, and at least on one occasion at the same time he made payment by check for identically the same amount. (2) On the cross-examination of this witness in connection with the entries in the books kept by him for the defendants, it developed that the index indicated that the account of the Dothan Grocery Company would appear on pages 29, 57, and 58, but that these figures appeared in this order, 57, 58, and 29, and it was further shown that page 29 had been torn out of the book and was not produced on the trial, and furthermore that the disputed payments were entered on the book above the marginal line over all other entries, and in the order above stated; that these entries were not made at the time of the alleged payment, but a month or so subsquent thereto, thus affording room for an inference to be drawn by the jury that the account had been falsified on the defendants' books. At this stage of the evidence, on redirect examination the court over a seasonable and appropriate objection allowed the defendants to ask the witness, "Mr. White, did you ever take a business course?" and the witness to answer, "No, sir," and Parker-Blake Co., Ltd. v. Ladd. overruled the plaintiff's motion to exclude the answer. Both of these rulings were erroneous. This evidence was wholly immaterial to the issues, and could shed no light thereon. It is not at all essential that one should take a business course to enable him to keep books correctly, or state facts truly with reference to a given transaction. The question was one of veracity between this witness and Hollis, and this testimony had a tendency to enlist the sympathy of the jury for defendants to the prejudice of the plaintiff, and afford a basis for...
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Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236883004
  • 9781236883001