Kingman v. Cowles
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff against the defendant in the district court of the second judicial district of the territory of Nebraska. At the trial in the superior court, before Dewey, J., the plaintiff offered in evidence “ a document called a judgment roll, purporting to contain a copy of the record of the proceedings of the court wherein the judgment declared on was rendered, attested by the clerk, and with the seal of the court attached.”
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Contract upon a judgment recovered by the plaintiff against the defendant in the district court of the second judicial district of the territory of Nebraska. At the trial in the superior court, before Dewey, J., the plaintiff offered in evidence “ a document called a judgment roll, purporting to contain a copy of the record of the proceedings of the court wherein the judgment declared on was rendered, attested by the clerk, and with the seal of the court attached.” The certificate of the clerk was as follows: “ Territory of Nebraska, County of Otoe, ss. I, Rienzi Streeter, clerk of the second…
1Opinion of the CourtWells, J.
The statutes of the United States, 1790, c. 11 and 1804, c. 56, passed in pursuance of the Constitution, art. 4, \ 1, require that records, authenticated in the manner therein prescribed, shall be admitted in all courts within the United States, and have full faith and credit therein. Neither the Constitution nor the statutes forbid the states from authorizing the proof of records in other modes, in their own courts. The statute of Massachusetts, Gen. Sts. c. 131, § 61, has provided another mode. It is not in conflict with the law of the United States, but simply omits one requisite which…
2Cases cited1 opinion
- Buttrick v. AllenMassachusetts Supreme Judicial Court · 1811
3Cited by9 opinions
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