Morris v. . Patchin
New York Court of Appeals
Appeal from the Supreme Court. The judgment involves only questions of evidence. On the trial, copies of several records of courts in the State of Ohio were offered in evidence certified to be copies in the name of the clerk by a deputy; the deputy signing the name of the clerk, with the addition of his title, adding, “ By F. S. Smith, Deputy Clerk.”
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Appeal from the Supreme Court. The judgment involves only questions of evidence. On the trial, copies of several records of courts in the State of Ohio were offered in evidence certified to be copies in the name of the clerk by a deputy; the deputy signing the name of the clerk, with the addition of his title, adding, “ By F. S. Smith, Deputy Clerk.” The presiding judge of the court added his certificate that the individual named in the certificate as clerk was such clerk, and had the custody of the original record of the court, and that the person signing the certificate as deputy clerk was…
1Opinion of the CourtAllen, J.
The act of Congress provides that “ the records and judicial proceedings of the courts of any State shall be proved or admitted in any other court within the United States by the attestations of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, as the case may be, that the said attestation is in due form.” (Act of May 26, 1790, § 1; 1 Story Laws U. S., 93.) This act was passed pursuant to the Constitution, conferring the power upon Congress to prescribe the manner in which public acts, records and…
2Cases cited6 opinions
- Ferguson v. HarwoodSupreme Court of the United States · 1813
- Stephenson v. BannisterCourt of Appeals of Kentucky · 1814
- Ex parte Butler v. Lewis C. P.New York Supreme Court · 1833
- Marvin v. HerrickNew York Supreme Court · 1830
- Barrie v. DanaNew York Supreme Court · 1822
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3Cited by15 opinions
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Flint v. NoyesSupreme Court of Kansas · 1882
- Willock v. WilsonMassachusetts Supreme Judicial Court · 1901
- First State Bank of Addington v. LatimerSupreme Court of Oklahoma · 1915
- Murdock v. HillyerMissouri Court of Appeals · 1891
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