Traylor v. Epps

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

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.