Koller Bros. v. Jolls ( 1925 )

VICKERY, J.

This cause arose in the Municipal Court of Cleveland. Said court permitted Ernest Jolles 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.