Davidson v. Peck
Supreme Court of Missouri
ERROR to circuit court of Montgomery county. 1st. That the court erred in suffering the depositions to be read so far as they related to the contents of a judgment and decree, without a certified copy of the judgment and decree — Mo. laws, p. 223, S. 3; 1 Starkie Ev. 353 and 354. 2nd. The testify of certain executions, replevy bonds and endorsements on some, and they fail to give any regularly certified copy of these executions, replevy bonds or endorsements. 3rd.
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ERROR to circuit court of Montgomery county. 1st. That the court erred in suffering the depositions to be read so far as they related to the contents of a judgment and decree, without a certified copy of the judgment and decree — Mo. laws, p. 223, S. 3; 1 Starkie Ev. 353 and 354. 2nd. The testify of certain executions, replevy bonds and endorsements on some, and they fail to give any regularly certified copy of these executions, replevy bonds or endorsements. 3rd. The copies which they give, are not sworn copies, for they do not appear to have had the custody of the document, nor any…
1Opinion of the Court
*443Opinion of the court delivered by
McGirk J.*
Peck brought an action of assumpsit against Davidson? to recover money laid out and expended by him for the use of Davidson. There are three counts in the declaration, the last of which is, ior money paid by Peck to the use of Davidson; on this count the court assessed the damages of the plaintiff and gave judgment.
On the trial of the cause, the plaintiff gave-in evidence a transcript of a record of the circuit court of Barren county, of the State of Kentucky, sitting as a court of chancery. Whereby it appeared that one Martin had brought a suit in…
2Cited by9 opinions
- State v. DeWittSupreme Court of Missouri · 1905
- Dickey v. MalechiSupreme Court of Missouri · 1839
- State v. GrossmanSupreme Court of Missouri · 1908
- State v. CroninSupreme Court of Missouri · 1905
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
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