Legal Opinion

Guesdorf v. Gleason

Supreme Court of Iowa

Decided June 28, 1860PublishedCited by 1 opinion

Appeal from Delaware District Court. PlaiNTIEE declares upon a judgment recovered before a justice of the peace, in the State of Ohio. The questions made, as will appear from the opinion, relate to the sufficiency of the authentications of the transcripts of said judgment. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtWright, J.

Plaintiff offered in evidence two transcripts of the judgment declared on. The first was defective in that the certificate of the clerk failed to show that the justice rendering the judgment, and who purports to sign the official certificate accompanying the transciipt, was a justice within the county wherein the said officer was clerk of a court of record. This was necessary, under section 2439 of the Code. The authentication to the second transcript is defective, for the reason that it does not state that the person signing the official certificate of the justice, was at the time of signing…

2Cited by1 opinion

  1. Railroad Bank v. EvansSupreme Court of Iowa · 1871

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