Brainard v. Fowler
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff against the defendant in the Court of Common Pleas of Luzerne County in the State of Pennsylvania.
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Contract upon a judgment recovered by the plaintiff against the defendant in the Court of Common Pleas of Luzerne County in the State of Pennsylvania. At the trial in the Superior Court, before Colburn, J., the plaintiff offered in evidence a copy of the proceedings in an action brought by him against the defendant in said court, entitled “transcript of judgment,” which contained the following: A summons to the defendant to answer in a plea of trespass on the case in assumpsit; a return of the officer thereon, certifying that he had served the writ upon the defendant by delivering to him a…
1Opinion of the CourtMorton, J.
It is not now denied that the record of the Court of Common Pleas for Luzerne County in the State of Pennsylvania, offered in evidence by the plaintiff, was duly authenticated according to the statutes of the United States and of this Commonwealth. U. S. Sts. 1790, c. 11; 1804, c. 56. Gen. Sts. c. 131, § 61. It is not extended with the formality and accuracy required in the records of our own courts, but it is sufficient in substance and contains all the essential requisites of a judicial record. It shows the parties to the suit, the subject matter of the suit, jurisdiction over the parties,…
2Cases cited1 opinion
- Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Wells v. WellsMassachusetts Supreme Judicial Court · 1911
- Gilman v. GilmanMassachusetts Supreme Judicial Court · 1878
- Willock v. WilsonMassachusetts Supreme Judicial Court · 1901
- Koury v. Claymont Development Co.Superior Court of Delaware · 1923