Barlow v. Steel
Supreme Court of Missouri
Appeal from, Cooper Circuit Court.-—-Hon. George W. Miller, Judge. I. The court erred in admitting in evidence the transcript of the record of the supreme court of Cattaraugus county, New York.
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Appeal from, Cooper Circuit Court.-—-Hon. George W. Miller, Judge. I. The court erred in admitting in evidence the transcript of the record of the supreme court of Cattaraugus county, New York. It was not properly authenticatad, as there was no certificate of the judge, chief justice, or presiding magistrate of said court that the attestation of the clerk was in due form, and in the absence of anything showing that Cattaraugus county was in the fourth judicial department, the certificate to the record was insufficient. II. The court erred in refusing to declare that the judgment sued on had…
1Opinion of the CourtSherwood, C. J.
Action on judgment alleged to have been recovered in the supreme court of Cattaraugus county in the State of New York, in March, 1863. Answer, general denial, and plea of nul tiel record; also that defendant had been a resident of the State of Missouri since 1850, and that no writ or process had ever been served on him, nor had he ever authorized an appearance to be entered for him, &c. Plaintiff replied.
The transcript offered in evidence is as follows:
People of the State of New York, by the grace of God [Seal] free and independent, to all to whom these presents shall come or may concern,…
2Cases cited7 opinions
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- Marx v. ForeSupreme Court of Missouri · 1872
- Eager v. StoverSupreme Court of Missouri · 1875
- North Missouri Railroad v. StephensSupreme Court of Missouri · 1865
- Grover v. GroverSupreme Court of Missouri · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stuart Ex Rel. Stuart v. DickinsonSupreme Court of Missouri · 1921
- Bradley v. WelchSupreme Court of Missouri · 1889
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Williams v. WilliamsMissouri Court of Appeals · 1893
- Caffery v. Choctaw Coal & Mining Co.Missouri Court of Appeals · 1902
5 more not listed; retrieve them via the Exa API.