Fleming v. Wallace
Supreme Court of Pennsylvania
Assumpsit for 6i. 16s. 6d., the balance of money laid out and expended at the defendants’ request. The cause originated before a justice of the peace, from whose decision the defendant appealed to the Court' of Common Pleas.
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Assumpsit for 6i. 16s. 6d., the balance of money laid out and expended at the defendants’ request. The cause originated before a justice of the peace, from whose decision the defendant appealed to the Court' of Common Pleas. The case was as follows: The members of the congregation having been legally convened, it was agreed by a majority of them, (of which the defendant was one,) that a new church should be built, and that the trustees of the corporation should have authority to contract with the different workmen, purchase materials, and lay plans for raising of the money ; and it was…
1Opinion of the Court
But by the court.
It is admitted, that a copy of the proceedings, under the corporation seal would be good evidence. Can it be possible, that a copy however authenticated, can be better evidence than the original from which it is extracted? Would it not offend the laws of nature to suppose the stream can rise higher that its source ? The immediate copy of an original of a public nature is evidence only, where the original is such, as parish registers, town books, &c., [1 Lord Ray, 154. 12 Mod. 24, 86. Doug. 166, 572. 1 Stra. 93, 307. Gilb. Law Evid. 47.]
We well know, that it is not common, to…
2Cited by2 opinions
- Graffius v. TottenhamSupreme Court of Pennsylvania · 1841
- Lessee of Cox v. GrantSupreme Court of Pennsylvania · 1792