Leveringe v. Dayton
U.S. Circuit Court for the District of New Jersey
This was an action of assumpsit. The principal item in the bill of particulars delivered to the defendant [Joseph Dayton] was one for about $1700 principal, interest and costs, paid by the plaintiff [Jacob Lever-inge] under an execution upon a judgment rendered on a custom house bond to the United States, executed by the defendant as principal, and the plaintiff as his surety.
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This was an action of assumpsit. The principal item in the bill of particulars delivered to the defendant [Joseph Dayton] was one for about $1700 principal, interest and costs, paid by the plaintiff [Jacob Lever-inge] under an execution upon a judgment rendered on a custom house bond to the United States, executed by the defendant as principal, and the plaintiff as his surety. To prove this item, the plaintiff offered in evidence a paper under the seal of the district court of Pennsylvania, certified by the clerk of that court to be a true copy of the docket entries in a snit of the United…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The plaintiff relies upon a record to prove payment of a certain sum composed of principal, interest and costs, under a judgment and execution against him. But the paper produced is no record of a judgment or execution; it is a mere minute of the proceedings of the court, taken by the clerk to enable him to make up a record. The paper contains no judgment, nor even the minute of a judgment for any sum at all, unless we are to connect the figuring with the general entry, “judgment for the United States,” and then conclude that the aggregate of the sums stated is…
2Cited by6 opinions
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- Hoehne v. TrugilloSupreme Court of Colorado · 1869
- Pepoon v. JenkinsNew York Supreme Court · 1800
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