Legal Opinion

Jennings v. Newman

New York County Courts

Decided March 15, 1876PublishedCited by 2 opinions

Appeals from judgments of a justice of the peace upon claims under the mechanic’s lien law.

1Opinion of the Court

Spencer, County Judge.

Upon the trial before the justice, claimant offered in evidence a copy, certified by the deputy *283clerk under the county seal, of the notice of claim filed in the clerk’s office. This was objected to by the defendant on the ground that the certificate purported to be made by A. E. Baxter, county clerk, while it was signed by the deputy clerk.

This objection was properly overruled. The certificate was in fact made by an officer authorized by law to make it (1 Statutes at Large, 349, sec. 58), and was duly authenticated by the county seal. It was, in effect, the act of the…

2Cases cited4 opinions

  1. Jackson ex dem. Shultze v. GoesNew York Supreme Court · 1816
  2. Hoagland v. BellNew York Supreme Court · 1861
  3. People v. HurlbuttNew York Supreme Court · 1865
  4. Van Winkle v. ConstantineNew York Court of Appeals · 1853

3Cited by2 opinions

  1. Egan v. LaemmleNew York Court of Common Pleas · 1893
  2. People ex rel. Harris v. LindsayAppellate Division of the Supreme Court of the State of New York · 1964

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