Legal Opinion

Jones v. Williams

Mississippi Supreme Court

Decided October 15, 1884PublishedCited by 11 opinions

Motion in supreme court. The appellee made a motion to strike out of the record in this case the bill of exceptions therein contained, on the ground that it was not presented to and signed by the judge within the time prescribed by statute for the presentation and signing of such bills.

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Motion in supreme court. The appellee made a motion to strike out of the record in this case the bill of exceptions therein contained, on the ground that it was not presented to and signed by the judge within the time prescribed by statute for the presentation and signing of such bills. The bill appears to have been signed by the judge on the 3d day of July, 1884. In support of his motion, the appellee presented a certified transcript of the record of the circuit court in-which the case was tried, showing that the final adjournment of the court was on the 21st of June, 1884. In opposition to…

1Opinion of the CourtCampbell, C. J.

The question presented by this motion is the admissibility of *184parol evidence to contradict the minutes of the circuit court as to the day of the adjournment of the court. The settled doctrine seems to be that the evidence proposed to vary the date shown by the record is not admissible. 2 Wharton’s Law of Ev., §§ 982, 990; 1 Greenleaf on Ev., § 538; 2 Taylor on Ev., § 1667 (7th edition).

Judicial records required by law to be kept are said to import unerring verity, and to be conclusive evidence against all the world as to their existence, date, and legal consequences.

The minutes of the…

2Cited by11 opinions

  1. Farmer v. Union Ins. Co. of IndianaMississippi Supreme Court · 1927
  2. Clark v. StateMississippi Supreme Court · 1911
  3. Childress v. CarleyMississippi Supreme Court · 1908
  4. Mcdaniel Brothers Constr. Co. v. JordyMississippi Supreme Court · 1966
  5. Williams v. StateMississippi Supreme Court · 1921

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