Chapin v. Mitchell

Citations

• 44 Fla. 225

Syllabus

<p>EVIDENCE—COMPETENCY OP PARTY AS WITNESS WHERE OPPOSITE PARTY TO TRANSACTION DECEASED —BOOK ACCOUNTS, SUPPLETORY OATH TO PROVE.</p> <p>1. The proviso to section 1095, Revised Statutes, prohibiting a party to an action or proceeding, or person interested in the event, etc., from testifying as a witness in regard to any transaction or communication between such witness, and a person at the time of such examination deceased, insane or lunatic, does not prohibit the admission in evidence in favor of either party of the shop books and books of account of either party, in which the charges and entries shall have been originally made, as provided for by the act of 1854, brought forward as section 1120 of the Revised Statutes; neither does the proviso to saiii section 1095, Revised Statutes, prohibit the introduction in evidence of the suppletory oath of the party in connection with such books of account, to the effect that the articles charged therein were delivered, or the items of labor and services therein charged were actually performed, and that the entries thereof were made at or about the time of the transaction, and are the original entries, and that the charges have not been paid. Such books to be admissible in such cases must appear to be fairly kept and free from erasures and interlineations, to be judged of by the court.</p> <p>2. Transactions and communications embrace every variety of affairs which can form the subject of negotiation, interviews or actions between two persons, and include every method by which one person can • derive impressions or information from the conduct, condition or language of another; and in a case where such transactions or communications were had between a party to a suit, or one interested in the event thereof, and a party dead, lunatic or insane at the time they are offered in evidence, they can not be testified to by such party to the suit or by any one interested in the event thereof, under the proviso to section 1095, Revis