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87 Minn. 402

Wimmer v. Key

Supreme Court of Minnesota

Decided November 14, 1902

Supreme Court of Minnesota · decided 1902-11-14

Appeal by plaintiff from a judgment of tbe district court for Stearns county, Searle, J., reversing a judgment of a justice of tbe peace in favor of plaintiff.

Affirmed · Decided 1902-11-14

PER CURIAM.

¶1Tbe district court could not do otherwise than reverse tbe judgment entered against defendant in justice court upon, at least, One ground, namely, the manifest error upon tbe part of tbe justice when admitting in evidence plaintiff’s account books, without a proper foundation being laid therefor. No attempt was made by his counsel to comply with the provisions of G. S. 1894, § 5738, and without a substantial compliance with this statute the books were inadmissible as evidence of the alleged indebtedness.

¶2Judgment affirmed.

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