Treat v. Maxwell
Supreme Judicial Court of Maine
On exceptions. This was an action of debt upon a judgment, recovered in this court, in Knox county.- Plea, nul tiel record,. The plaintiff offered in evidence a duly authenticated transcript from the records of this court, for Knox county, made, as he claimed, in accordance with R. S., c. 79, § 11, and to which the defendant seasonably objected, because it was not a sufficient record of the judgment declared on. The transcript is as follows: State oe Maine. Knox, ss.
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On exceptions. This was an action of debt upon a judgment, recovered in this court, in Knox county.- Plea, nul tiel record,. The plaintiff offered in evidence a duly authenticated transcript from the records of this court, for Knox county, made, as he claimed, in accordance with R. S., c. 79, § 11, and to which the defendant seasonably objected, because it was not a sufficient record of the judgment declared on. The transcript is as follows: State oe Maine. Knox, ss. At the supreme judicial court, begun and holden at Rockland, within and for the county of Knox, on the second Tuesday of March,…
1Opinion of the CourtHaskell, J.
The record of the judgment in suit must stand or fall of itself. Papers and documents filed in the case, but not incorporated into the record, constitute no part of it. Valentine v. Norton, 30 Maine, 200; Lawrence v. Mt. Vernon, 35 Maine, 100; Freem. Judg. § 126.
The action is debt upon a supposed judgment of this court, rendered in another county. The plea is nul tiel record, upon which issue is taken to the court, to decide, from inspection, whether a record of such judgment exists. “Strictly speaking,” the record itself “is the best and only original evidence of the facts recited in it;”…
2Cited by6 opinions
- Gibson v. OppenheimerCourt of Appeals of Texas · 1913
- State v. LaveryOregon Supreme Court · 1897
- Enosburg Grain Co. v. Wilder ClarkSupreme Court of Vermont · 1941
- Santa Clara Valley Mill & Lumber Co. v. PrescottIllinois Supreme Court · 1909
- Bisbee v. KnightSupreme Judicial Court of Maine · 1942
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