Croswell v. Byrnes
New York Supreme Court
IN error, from the Albany mayor’s court, or court of common v )leaS. _ , , . „ Byrnes brought an action of assumpsit against Croswell, in the court below. The declaration was oil a bill of exchange, dated ihe 22d of September, 1810, for 124 dollars and 16 cents, drawn by Henry Wiswell, directed to the defendant below, by the name of Henry Croswell, payable to Byrnes, or order, on demand; which was accepted by Croswell, payable ninety days from the date.
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IN error, from the Albany mayor’s court, or court of common v )leaS. _ , , . „ Byrnes brought an action of assumpsit against Croswell, in the court below. The declaration was oil a bill of exchange, dated ihe 22d of September, 1810, for 124 dollars and 16 cents, drawn by Henry Wiswell, directed to the defendant below, by the name of Henry Croswell, payable to Byrnes, or order, on demand; which was accepted by Croswell, payable ninety days from the date. The defendant below pleaded, 1. Non assumpsit; 2. Byrnes, in February term, 1811, sued the defendant in the may- or’s court of Albany, on the…
1Per curiam
On the issue of nut tiel record, a record of a judgment corresponding with the plea was produced, and to rebut that evidence, the plaintiff produced a rule of the same court, of a subsequent term to the judgment, setting aside the judgment for irregularity. There is no doubt of a competent power in the court to make such rule; but the question is, whether the entry of such a rule upon the minutes, is to be received as evidence against the record ? It appears to be contrary to all the well-settled’ technical rules upon the subject, to give the entry that effect. A record imports verity, and…
2Cited by10 opinions
- People v. KaneNew York Supreme Court · 1847
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
- Morrow v. StateSupreme Court of Kansas · 1870
- Young v. ThompsonIllinois Supreme Court · 1853
- Vestal v. StateCourt of Appeals of Texas · 1878
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