Legal Opinion

McRae v. Stokes

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 3 opinions

THE defendants in error, brought an action of debt against the plaintiff, in the Circuit Court of Marengo, upon the exemplification of a judgment recovered by them in the Superior Court of law, for the town of Petersburg, in the State of Virginia, on the 27th May, 1824. On the trial, the defendant objected that the transcript of the record and judgment was not properly authenticated, and could not be received as evidence under the declaration; but his objection was…

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THE defendants in error, brought an action of debt against the plaintiff, in the Circuit Court of Marengo, upon the exemplification of a judgment recovered by them in the Superior Court of law, for the town of Petersburg, in the State of Virginia, on the 27th May, 1824. On the trial, the defendant objected that the transcript of the record and judgment was not properly authenticated, and could not be received as evidence under the declaration; but his objection was overruled, and the transcript adjudged to be admissible as evidence. The attestation of the clerk and certificate of the Judge,…

1Opinion of the CourtCollier, C. J.

By the act of Congress of the 26th May, 1790, it is enacted, “ that the records and judicial proceedings of the Courts of any State, shall be proved or admitted in any other Court within the United States, by attestation of the clerk, and the seal of the Court annexed, if there be a seal, together with a certificate of the Judge, Chief Justice, or presiding Magistrate, as the case may be, that the said attestation is in due form.” Under this statute it is uniformly held, that the judgment of a Court of one of the Stales, is of the same dignity in every other, as that in which it is…

2Cases cited1 opinion

  1. Henthorn v. DoeIndiana Supreme Court · 1822

3Cited by3 opinions

  1. Thrasher v. IngramSupreme Court of Alabama · 1858
  2. Andrews v. Flack & WalesSupreme Court of Alabama · 1889
  3. Marks v. WilsonOregon Supreme Court · 1914

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