Fitzgerald v. Adams

Summary

The Supreme Court of Georgia reversed a justice court decision that set aside executions based on parol testimony from a constable who had no recollection of serving summonses. The Court held that the law requires written proof of service and that secondary evidence is inadmissible unless a proper search for the original papers is made.

Holdings

1. The best evidence rule requires production of the original written process; parol evidence is inadmissible until a proper search is made for the original documents.

Questions Presented

1. Whether parol evidence was admissible to set aside judgments when the original summonses were not produced and no search was made for them.

Disposition

reversed