104 Ga. 11 | Ga. | 1898
The question presented by the record in this case for determination is, whether or not an ordinance of a municipal corporation can be proved by the' introduction of a book purporting to contain the published ordinances of a city, upon
The ordinance in the present case was admitted in evidence, over the objection of the defendant, upon the testimony of a witness who swore that the book containing the same was a compilation of the city ordinances of Dalton published by authority of the city of Dalton as their laws. That the witness stated simply that this book was published “ by authority of the city of Dalton” would not render it competent evidence. It was not even shown that any municipal ordinance or law was passed authorizing the publication, nor that it was adopted by the proper city authorities as a compilation of its book of ordinances. City of Columbus v. Ogletree, 102 Ga. 294. It was an unauthentic copy, so far as this record discloses, and was purely secondary evidence. We think, therefore, that the court erred in admitting the same in evidence. •
Judgment reversed.