Tibbetts v. Baker
Supreme Judicial Court of Maine
Debt on judgment, recovered before a justice of the peace. Plea, nul tiel record. The plaintiff offered what purported to be a copy, duly authenticated by the justice. The defendant objected to it, and offered to prove, by another authenticated copy of the same record, and by a certificate of the justice, that the first, through his misapprehension and mistake, was erroneous.
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Debt on judgment, recovered before a justice of the peace. Plea, nul tiel record. The plaintiff offered what purported to be a copy, duly authenticated by the justice. The defendant objected to it, and offered to prove, by another authenticated copy of the same record, and by a certificate of the justice, that the first, through his misapprehension and mistake, was erroneous. This evidence was excluded, and the copy offered by the plaintiff was received, which corresponded with the declaration. The defendant then offered to prove, that the copy offered by plaintiff was procured by the…
1Opinion of the Court
Shepley, C. J.,
orally.—The remarks now to be offered have no reference to foreign judgments.
The document introduced had the requisite authentication, and was sufficient for the plaintiff. But errors are incident to all human affairs. They may occur by fraud or by mistake ; and there should be a remedy. If the question before the court related to its own record, they could reform it. But in this case, we cannot inspect the original. On certiorari a true exemplification might be obtained.
If two variant authenticated copies are shown, it could not, by them, be discovered which is the true copy,…
2Cited by1 opinion
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