King v. Van Gilder
Supreme Court of Vermont
THIS was an action of assumpsit, on a judgment recovered by Ingersoll, in his life-time, against the defendant, before a Justice of the Peace in the County of Berkshire, in Massachusetts, for the sum of ¿sil, 12s. 8c?. There had been no appearance of the defendant, and judgment was rendered on default, after an adjournment. Plea — Non Assumpsit.
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THIS was an action of assumpsit, on a judgment recovered by Ingersoll, in his life-time, against the defendant, before a Justice of the Peace in the County of Berkshire, in Massachusetts, for the sum of ¿sil, 12s. 8c?. There had been no appearance of the defendant, and judgment was rendered on default, after an adjournment. Plea — Non Assumpsit. In support of the action, the plaintiff’s counsel offered in evidence, a copy of the judgment, certified by the Justice, before whom the judgment had been recovered. objected to the evidence, for that, the paper offered was no otherwise authenticated,…
1Opinion of the CourtHall, J.
This case is not affected by the act of Congress. The certificate of thfe Justice, in such case has always been considered, prima facie, good; the copy of the record ought to be admitted.
Woodbridge, J. I am of opinion, that the copy of the record offered, ought not to be admitted. The Court know nothing of the appointment of Justices of the Peace in other States, or of their jurisdiction. It would be unsafe to admit such copy, from one subscribing himself a Justice of the Peace, in another State, unless accompanied vtith some publick and authentick proof of his appointment and authority.
Chipma…
2Cited by5 opinions
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