Miller v. McKinnon

29 S.E. 467, 103 Ga. 553, 1897 Ga. LEXIS 405

Opinion

Cobb, J.

1. Where a writing containing evidence material in the trial of a case is in the possession of a person not a party, who is heyond the jurisdiction of the court, secondary evidence of the contents of such writing is admissible. Bowden v. Achor, 95 Ga. 244, 260.

2. The evidence as to the terms of the contract between the plaintiff and the defendant being conflicting, the court erred in directing a verdict.

Judgment reversed.

All the Justices concurring.