Fisk v. Kissane
Fisk v. Kissane
Opinion of the Court
delivered the opinion of the Court:
The only question presented by this record is as to the sufficiency of the affidavit as a foundation for reading in evidence the copy of a deed from the record. In the case of Dickinson v. Breden, 25 Ill. 186, it was held necessary to establish the fact of the existence, at some time, of an original before introducing a copy. Subsequently to that decision the law of 1861 was passed, the object of which was to relax the rule laid down by the court. It is in the power of the legislature to say upon what terms secondary evidence shall be admitted, and the affidavit in the present case is in compliance with the act of 1861. The copy from the records should have been admitted, subject of course to attack by the adverse party.
The judgment is reversed and the 'cause remanded. ' "
Judgment reversed.
Reference
- Full Case Name
- David B. Fisk v. Patrick Kissane
- Status
- Published
- Syllabus
- Evidence—certified copy of a deed—of the proper foundation for the seme. A plaintiff in ejectment, for the purpose of laying the foundation for the introduction of a certified copy of a deed from the record, to one of the former owners of the land, stated on oath that he had not then, and never had, the original of the deed referred to, and recorded in a1 certain specified hook in the recorder’s office, and that he did not know where the same then was. This was held sufficient, under the act of 1861, as a foundation for reading in evidence the copy from the record.