Legal Opinion

Baker v. Field

Supreme Court of Pennsylvania

Decided March 15, 1800PublishedCited by 8 opinions

Case sur promissory note. The defence set up was, that the note was given in consideration of certain lands in the state of Georgia, which at the time of sale, were incumbered by divers judgments had against Zachariah Cox, the former owner of them. ' To prove these incumbrances, the defendant offered in evidence, a paper under the hand of the cleric of the Superior Court of Chatham county, in Georgia, but not having the seal of the court annexed, nor certified agreeably to…

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Case sur promissory note. The defence set up was, that the note was given in consideration of certain lands in the state of Georgia, which at the time of sale, were incumbered by divers judgments had against Zachariah Cox, the former owner of them. ' To prove these incumbrances, the defendant offered in evidence, a paper under the hand of the cleric of the Superior Court of Chatham county, in Georgia, but not having the seal of the court annexed, nor certified agreeably to the act of congress of the 26th May 1790,(1 U. S. Laws, 161, Oswald’s edit.,) by the chief justice, or presiding…

1Opinion of the Court

Per cur.

The second ground has already received a determination at the sitting here, between William Ralston and James Cummins, (14th March 1799.) There an exemplification of a record in ejectment in Maryland, wherein the plaintiff recovered, not certified according to the directions of the act of congress, was received in evidence, on argument. To make a recordbonclusive evidence, and to give it “ such faith and credit in every other court of the United States, as it has by law or usage in the courts of the state, from whence such record is taken,” it must be authenticated according to the…

2Cited by8 opinions

  1. Criswell v. AltemusSupreme Court of Pennsylvania · 1838
  2. State of Ohio v. HinchmanSupreme Court of Pennsylvania · 1856
  3. Commonwealth Ex Rel. Rogers v. DavenSuperior Court of Pennsylvania · 1929
  4. Ellsworth v. BarstowSupreme Court of Pennsylvania · 1838
  5. Snyder v. WiseSupreme Court of Pennsylvania · 1848

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