Cumming v. Archinard

The judgment of the court was pronounced by

Slidem,, J.

This is an appeal from a decree of seizure and sale. The first question to be considered is the alleged defectiveness of the clerk’s certificate, by reason of which the appellee contends that we cannot consider the merits. The certificate is in the words: “I hereby certify the foregoing to be a true and perfect transcript of the record, documents, and proceedings of the suit entitled Alonzo Cumming v. C. & F. Archinard, existing in this office. In testimony,” &c.

In proceedings by seizure and sale all the evidence must be in the form of…