¶1was of opinion that if the plaintiff would lay a foundation for his call upon the defendant, by affidavit that such tallies were kept by the defendant, and if the defendant would not produce them, nor make oath that he had not such tallies, the plaintiff might produce them in evidence.
24 F. Cas. 141
Travers v. Appler
Decided April 15, 1821
Decided 1821-04-15