124 Ala. 245 | Ala. | 1899
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In Nelms v. Steiner, 113 Ala. 573, we said, “Memoranda of this character, prepared by the party for the purposes, or in the course of the trial, is not a species of ‘evidence to be encouraged; and if admitted, to avoid misleading the jury, would necessitate very careful, precise instructions, that they were not in themselves evidence, and that they must not be so regarded, or looked to for any purpose than reference to the items, and the comparison of them with the evidence having a tendency to support them; they are not of themselves distinct, independent, evidence. — Robinson v. Allen, 36 Ala. 525;” Foster v. Smith, 104 Ala. 248; Snodgrass v. Coulson, 90 Ala. 347; Mooney v. Hough, 84 Ala. 81.
Under the evidence -in this case, it appears the preliminary proof to authorize the accounts offered to go to the jury were not made. The defendant’s counsel produced copies of accounts against plaintiff, taken from its books, and introduced its witness, Yan Staffen, who testified, that “Mr. King, the book-keeper, did the Avork on them to the best of my knowledge. They are correct as the books sIioav. This is a correct statement of the account as it should appear, and as it stands now, between Mr. Devlin and the defendant.” The defendant then offered the statement of accounts in evidence, and an objection to their introduction by plaintiff was ’ sustained. The evidence of said Avitness, did not prove that the items of the accounts Avere correct, but no more
The appellant, for the errors indicated, is entitled to a. reversal of the judgment below.
K ever sed and remanded.