Falardeau v. W. H. H. Smith Co.

Citations

• 21 Ohio C.C. Dec. 649

Syllabus

<p>EVIDENCE.</p> <p>1. A Copy of Entries not Admissible when not Identified by Persons Keeping both Originals and Entries.</p> <p>An impression book in which are copied bills of lumber which were drawn off from a yard book is not competent evidence as a book of original entries when offered in evidence and identified only by the person keeping it but who took no part in keeping the yard book.</p> <p>2. Copy of Instrument, Original of Which is in Hands of Adverse Party not Admissible unlfss Notice Served to Produce Original.</p> <p>An impression copy of an instrument sent to the opposite party in a case is not competent evidence when no notice has been served upon such party to produce the original, and the fact that such party had turned such original over to a,third person connected with him in the transaction does not excuse the failure to serve such notice.</p> <p>[Syllabus approved by the court.]</p>