Ensign ex rel. Paine v. Kindred
Supreme Court of Pennsylvania
Appeal, Nos. 235 and 236, Jan. T., 1894, by plaintiffs, from order of C. P. No. 2, Phila. Co., June T., 1892, Nos. 326 and 327, discharging rules for judgment. Rules for judgments for want of sufficient affidavits of defence in assumpsit on promissory note, .and on foreign judgment certified by deputy clerk.
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Appeal, Nos. 235 and 236, Jan. T., 1894, by plaintiffs, from order of C. P. No. 2, Phila. Co., June T., 1892, Nos. 326 and 327, discharging rules for judgment. Rules for judgments for want of sufficient affidavits of defence in assumpsit on promissory note, .and on foreign judgment certified by deputy clerk. In the first ease Charles F. Kindred filed an affidavit of defence in which he averred that “ in 1883 Mark Paine, the use plaintiff, and deponent were owners of a tract of land in Dakota, and each having a one half interest therein. That on or about the date of the note (upon the record…
1Opinion of the Court
Opinion by
Mr. Justice Green,
This was an action of assumpsit upon a foreign judgment. *642The copy of the record annexed to the plaintiffs’ claim discloses that the certificate of the clerk of the court in which the judgment was obtained, was made, not by the clerk but by his deputy, and it is contended this is not a proper certificate. In the case of Lothrop v. Blake, 3 Pa. 488, we held that such a certificate is invalid and will not entitle the record to admission in evidence. Rogers, J., in delivering the opinion said: “ The clerk also, who certifies the record, must be the clerk himself or his…
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