Ohio Court of Appeals, 1925

Koller Bros. v. Jolls

Ohio Court of Appeals · Decided November 16, 1925 · Vickery

4 Ohio Law. Abs. 250; 1925 Ohio Misc. LEXIS 1036

Opinion of the Court

VICKERY, J.

This cause arose in the Municipal Court of Cleveland. Said court permitted Ernest Jol*251les when on the stand, to refresh his memory from a copy of the statement of defense used-in' the trial.

Attorneys — Sanders, Monahan & Sanders for Koller Bros.; Hedrick & Hedrick for Jolls; all of Cleveland.

Counsel for Koller Bros, objected to this copy being shown to witness. The Court overruled this objection, and counsel saved the exception.

The Court of Appeals held:

' It is prejudicial error to permit a witness to refresh his memory from copies of the pleadings.

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.