Moyer v. Lyon
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The transcripts are not properly authenticated. It must appear by the certificate, or by the judgment proper, that the judge who undertakes to attest the record is the judge of the court which rendered the judgment. And the clerk of the court must attest the record. Barlow v. Steele, 65 Mo. 612-619; Phelps v. Tilton, 17 Ind. 420; Morris v. Patehin, 24 N. Y. 394; Settle v. Allison, 8 Ga. 201; Preem.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The transcripts are not properly authenticated. It must appear by the certificate, or by the judgment proper, that the judge who undertakes to attest the record is the judge of the court which rendered the judgment. And the clerk of the court must attest the record. Barlow v. Steele, 65 Mo. 612-619; Phelps v. Tilton, 17 Ind. 420; Morris v. Patehin, 24 N. Y. 394; Settle v. Allison, 8 Ga. 201; Preem. Judg. [3 Ed.] sec. 413. (1) We claim that the only issue involved is, whether or not the attestation of the clerk, the…
1Opinion of the Court
Gill, J. —
This is an action on transcripts of two judgments purporting to be rendered. by the court of common pleas of Montour county, Pennsylvania.
At the trial in the circuit court defendant objected to the introduction of the transcripts in evidence, for *637the reason that the same were not properly authenticated as required by act of congress and the laws of this state. Defendant’s objection was overruled, and judgment for plaintiff followed, and defendant has appealed to this court.
The authentication, appended to each of the alleged judgments, consisted of the following :
“Commonwealth oe…
2Cases cited8 opinions
- Settle v. AlisonSupreme Court of Georgia · 1850
- Barlow v. SteelSupreme Court of Missouri · 1877
- Ducommun v. HysingerIllinois Supreme Court · 1852
- Grover v. GroverSupreme Court of Missouri · 1860
- Phelps v. TiltonIndiana Supreme Court · 1861
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3Cited by2 opinions
- Williams v. WilliamsMissouri Court of Appeals · 1893
- Gundry v. HancockAppellate Court of Illinois · 1909