United States v. Martin
U.S. Circuit Court for the District of Northern New York
Error to the district court of the [United States for the] Northern district of New York. The suit in the court below [case unreported] was an action of debt [against Hugh R. Martin] on a bond dated September 1, 1813. On the trial, exception was taken to the introduction in evidence of a transcript from the treasury department; first, because hot evidence under any count in the declaration; second, because all the items composing the account were not contained in the…
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Error to the district court of the [United States for the] Northern district of New York. The suit in the court below [case unreported] was an action of debt [against Hugh R. Martin] on a bond dated September 1, 1813. On the trial, exception was taken to the introduction in evidence of a transcript from the treasury department; first, because hot evidence under any count in the declaration; second, because all the items composing the account were not contained in the transcript. Exception was, also, taken to the introduction of a letter of one Hagner, an agent of the United States, signed by…
1Per curiam
As to the first objection, the counsel seems to be under a misapprehension with respect to the counts. There is a count upon an insimul computassent and the settlement and statement of the balance *1187were at all events admissible under that count. As to the second objection, I think it was not necessary that the transcript should contain all the items. The provision in the act of congress—2 [Bior. & D.] Laws, 594, § 2 [1 Stat. 512]—is that in every case of delinquency, where a suit is or has been instituted, a transcript from the books and proceedings of the treasury, certified, by the register,…
2Cases cited12 opinions
- Coleman v. SouthwickNew York Supreme Court · 1812
- Delafield v. StateNew York Supreme Court · 1841
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
- Webb v. AlexanderNew York Supreme Court · 1831
- Sherman v. CrosbyNew York Supreme Court · 1814
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Indiana Central Canal Co. v. StateIndiana Supreme Court · 1876