Legal Opinion

Tuttle v. Jackson ex dem. Hills

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1830PublishedCited by 92 opinions

Error from the supreme court. In October term, 1822, Hills, in the name of James Jackson, as nominal plaintiffs commenced an action of ejectment against Tuttle for the recovery of 36 acres of land, which was tried at the Oneida circuit in October, 1826, before the Hon. Nathan Williams, one of the circuit judges.

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Error from the supreme court. In October term, 1822, Hills, in the name of James Jackson, as nominal plaintiffs commenced an action of ejectment against Tuttle for the recovery of 36 acres of land, which was tried at the Oneida circuit in October, 1826, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff produced an exemplification of a transcript of a justice’s judgment, filed in the clerk’s office of the county of Oneida, in the following form : “Oneida county, Justice’s court. Jesse Hills vs. Daniel Gridley. March 24, 1820. Judgment rendered for plaintiff for the sum…

1Opinion of the Court

The following opinion was delivered :

By the Chancellor.

The first objection embraced iti the bill of exceptions, is that the circuit judge received an exemplification of the transcript and of the entry of the judgment in the book kept for that purpose, by the county clerk, as evidence that such a transcript was filed and such an entry made in his office. As to this point I think the decision of the court below was correct. The transcript and entry were in the nature of a record of certain judicial proceedings which by law were deposited in that office. The exemplification under the official…

2Cases cited2 opinions

  1. Guerrant v. AndersonCourt of Appeals of Virginia · 1826
  2. Davis v. BluntMassachusetts Supreme Judicial Court · 1810

3Cited by92 opinions

  1. Williamson v. . BrownNew York Court of Appeals · 1857
  2. Brown v. . VolkeningNew York Court of Appeals · 1876
  3. Phelan v. . BradyNew York Court of Appeals · 1890
  4. Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
  5. Grimstone v. CarterNew York Court of Chancery · 1831

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