9 Miss. 605 | Miss. | 1844
delivered the opinion of the court.
It is only necessary to notice a single point in this cause. Upon the trial, the plaintiff, Moore, introduced a copy of a recorded mortgage, and proved “ that the original was on file in the chancery court at Jackson, as an exhibit in a cause therein pending,” and offered to read it to the jury. The defendant objected, but the court permitted it to be read; to this a bill of exceptions rvas filed, and we are called on to review the correctness of this order.
The common law rule is, as is well known, that the best evidence in the power of the party must be produced. The original is deemed better than a copy, and its production, if prac
We think, therefore, that the copy was improperly permitted to go in evidence to the jury, and for this reason that the judgment should be reversed.