Legal Opinion

State v. Wells

Ohio Supreme Court

Decided December 15, 1842PublishedCited by 18 opinions

This is a motion for a new trial from Shelby county. The action was brought upon the official bond of defendant’s intestate, as treasurer of the county of Shelby, to recover money alleged to have been received by him on the sale of certain school lands.

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This is a motion for a new trial from Shelby county. The action was brought upon the official bond of defendant’s intestate, as treasurer of the county of Shelby, to recover money alleged to have been received by him on the sale of certain school lands. On the trial to the jury, the plaintiff offered in evidence a certified copy of an account current, made out in the-office of the auditor of state, authenticated by the seal of office, and official signature of the auditor, and certified in the following form : “ I, John Brough, auditor of state, do hereby certify the foregoing amounts have…

1Opinion of the CourtBirchard, J.

The first question in this case is upon the construction of section 14 of the act prescribing the general duties of the auditor, treasurer, and secretary of state. Swan’s Stat. 121. It is in these words: “The auditor shall deliver .to any person applying therefor, a certified copy of any survey, or other document in his office; and all such copies certified by the auditor, under his official seal, shall be received as legal evidence in all courts and places within this state.”

The question is, does this section contemplate the creation of any new evidence, or make a now rule of evidence? Or,…

2Cited by18 opinions

  1. Oliver v. PateIndiana Supreme Court · 1873
  2. Spitzer v. StillingsOhio Supreme Court · 1924
  3. Baker v. Industrial CommissionOhio Supreme Court · 1939
  4. Harpman v. Devine, Recr.Ohio Supreme Court · 1937
  5. Netzley v. Nationwide Mut. Ins. Co.Ohio Court of Appeals · 1971

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