
    Miller, for use, v. McKinnon.
    Submitted October 27,
    Decided November 26, 1897.
    Complaint on account. Before Judge Sweat. Camden superior court. July 30, 1897.
    
      Alexander A. Lawrence, for plaintiff.
    
      Atkinson & Dunwody, for defendant.
   Cobb, J.

1. Where a writing containing evidence material in the trial of a case is in the possession of a person not a party, who is heyond the jurisdiction of the court, secondary evidence of the contents of such writing is admissible. Bowden v. Achor, 95 Ga. 244, 260.

2. The evidence as to the terms of the contract between the plaintiff and the defendant being conflicting, the court erred in directing a verdict.

Judgment reversed.

All the Justices concurring.  