Traylor v. Epps

75 S.E. 828, 11 Ga. App. 497, 1912 Ga. App. LEXIS 86

• Court: Court of Appeals of Georgia
• Decided: September 24, 1912
• Docket: 3903
• Status: Published

Opinion

Russell, J.

1. An original petition and order, filed in the superior court, were not admissible in evidence on the trial of a case in a city court, over the objection that a certified copy of the petition and order should have been introduced. Whitaker v. State, ante, 208 (75 S. E. 259).

2. The highest and best evidence that a named person is a duly authorized trustee in bankruptcy is a certified copy of the order approving the bond given by him as such trustee; and parol evidence is not admissible to prove- that such a person is trustee in bankruptcy, over the objection that there is higher and better evidence.

Decided September 24, 1912.

Certiorari; from city court of Covington — Judge Wbaley. November 4, 1911.

P. W. Davis Jr., for plaintiff in error. C. G. King, contra.

8. The original minutes of a superior court are not admissible in the - trial of an action in a city court, over the objection that such minutes . are not primary evidence. Civil Code (1910), § 5753.

Judgment reversed.