Garfield v. Douglass
Illinois Supreme Court
The note was endorsed to plaintiff. Garfield denied the execution of the note, by plea in writing, under oath, and also insisted that a former suit tried before that time, between same parties, was a bar to this suit. The justice decided in favor of Garfield, and Douglass appealed to the Circuit Court.
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The note was endorsed to plaintiff. Garfield denied the execution of the note, by plea in writing, under oath, and also insisted that a former suit tried before that time, between same parties, was a bar to this suit. The justice decided in favor of Garfield, and Douglass appealed to the Circuit Court. Defendant gave in evidence a transcript from the docket of Edwin E. Moffatt, police magistrate of the city of La Salle, in said county, which was as follows: “ John G. Douglass 1 vs. > James W. Garfield. ) Nov. 25th, 1855. Summons issued to Robert B. Cogswell, returnable on the 8th day of…
1Opinion of the CourtCaton, C. J.
The entry upon the justice’s docket was a judgment in bar ; and the policy of the law forbids that parol proof should be admitted to show, that the justice originally entered a judgment of non-suit and afterwards changed it, to a judgment in bar. The record or entry of the justice, is higher and more trust-worthy than any parol evidence can be. If one record is open to be questioned by parol evidence then another must be, and all security and confidence in the stability of records are gone. If the justice corruptly, or from improper motives, changed the original entry made by him, he may be…
2Cited by19 opinions
- Stift v. LynchCourt of Appeals for the Seventh Circuit · 1959
- In Re Application of HarronCalifornia Supreme Court · 1923
- People v. LevitonAppellate Court of Illinois · 1945
- Grossman v. DavisAppellate Court of Illinois · 1904
- Koren v. RoemheldAppellate Court of Illinois · 1881
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