Mott v. Reynolds
Supreme Court of Vermont
Amendment of town and school district records. Trespass for taking a cow. The defendant justified as the collector of a tax voted at a school district meeting; to which the plaintiff replied that there was no legal school meeting held at the time and place named. Trial by jury, August Term, 1853,— Peck, J., presiding.
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Amendment of town and school district records. Trespass for taking a cow. The defendant justified as the collector of a tax voted at a school district meeting; to which the plaintiff replied that there was no legal school meeting held at the time and place named. Trial by jury, August Term, 1853,— Peck, J., presiding. Upon the trial, the defendant offered in evidence the book of records of the school district, from which it did not appear that the warning, for the meeting in question, had ever been signed by the clerk of the district, further than that the attestation immediately under the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
As the oral evidence admitted and submitted to the jury did not produce any effect in setting aside the record of the district clerk, it is not important to consider the propriety of its admission. It is indeed very obvious upon general principles that matters of record cannot be supplied or contradicted by merely oral evidence. And although the judge, in trying a case in the county court, is not bound to express any opinion in regard to an amendment of a record, by any recording officer; yet he is not precluded either by law, or taste,…
2Cases cited1 opinion
- Hadley v. ChamberlinSupreme Court of Vermont · 1839
3Cited by10 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Tod v. CrismanSupreme Court of Iowa · 1904
- Ryder Estate v. City of AltonIllinois Supreme Court · 1898
- State ex rel. Consolidated School District No. One v. HackmannSupreme Court of Missouri · 1919
- Shelden v. Township of MarionMichigan Supreme Court · 1894
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