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31 Me. 560

Codman v. Caldwell

Supreme Judicial Court of Maine

Decided July 1, 1850

Supreme Judicial Court of Maine · decided 1850-07-01

Assumpsit by attorneys and counselors, for several term fees and for services in court, relating to the acceptance of an award. The plaintiffs offered their book with the suppletory oath of Mr. Codman. That evidence was objected to, b*e-cause not the best, which the nature of the case allowed. The objection was overruled. Mr. Codman, being sworn, was asked by his counsel, whether the services were performed at the defendant’s request.

Cited by 2 later decisions — most recently November 1914

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1850-07-01

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Wells, J., orally.

¶1One objection to the plaintiffs’ book and oath is that, from the nature of the case, there must be better evidence.

¶2The book and oath of a party are often received to prove sales or services, known to other persons and proveable by them. A plaintiff may in that mode prove a sale, though his clerk knew of it, and could testify to it. So of physicians.

¶3The cases of bulky and heavy articles, and of articles delivered to third persons, stand on a different reason. The demands of attorneys are sustainable by any mode of proof, applicable to other descriptions of persons. The objection cannot prevail.

¶4It is further contended, that it was not competent for plaintiffs, by their book and oath, to prove that they were employed by the defendant. Rut a plaintiff may testify to the delivery of goods. There is much resemblance in the cases. This objection, too, is unavailing. Exceptions overruled.

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