
    WILLIAM WIMMER v. J. A. KEY.
    
    November 14, 1902.
    Nos. 13,343-(178).
    Account Books.
    Account books are inadmissible in evidence as proof of an alleged indebtedness, unless the provisions of G. S. 1894, § 5738, are substantially complied with.
    
      Appeal by plaintiff from a judgment of tbe district court for Stearns county, Searle, J., reversing a judgment of a justice of tbe peace in favor of plaintiff.
    Affirmed.
    
      W. F. Donohue, for appellant.
    
      Stewart d Brower, for respondent.
    
      
       Reported in 92 N. W. 228.
    
   PER CURIAM.

Tbe district court could not do otherwise than reverse tbe judgment entered against defendant in justice court upon, at least, One ground, namely, the manifest error upon tbe part of tbe justice when admitting in evidence plaintiff’s account books, without a proper foundation being laid therefor. No attempt was made by his counsel to comply with the provisions of G. S. 1894, § 5738, and without a substantial compliance with this statute the books were inadmissible as evidence of the alleged indebtedness.

Judgment affirmed.  