The Law And Practice in Civil Actions And Proceedings in Justices' Courts And On Appeals to the County Courts in the State of New York, Including the Principles of Law Relating to Actions Or Defences; the Rules of Practice, of Pleading, And of Evidence; T

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It is not necessary, however, that the first entries should be made in the books themselves. For nothing is more common than to make mere temporary entries upon a slate, or upon sheets of paper with a pencil, or in an ordinary blotter with a pen and ink, and then to trans- scribe at night, into the ordinary books, such charges as may have thus been entered during the day. This practice is both convenient and legal.' Sickles v. Mather, 20 Wend. 72. Such memoranda are mere temporary entries, and
...the transcribed entries are original entries 65 514 EVIDENCE.
Account books — Ledger and day-book.
within the meaning of the rule. Stroud v. Tilton, 3 Keyes, 139 ; McOoldrick v. Wilson's Executor, 18 Hun, M3 ; S. C, 88 N. Y. 334 ; Whitney v. Sawyer, 11 Gray (Mass.), 242 ; JaoJcson v. Evans, 8 Mich.
476 ; Ewart v. Morrell, 5 Harring. (Del.) 126.
Where memoranda made by a sawyer have been copied by him from boards and slips of paper upon which they were originally made into a book, the book will be a book of original entry within the rule.


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