Brown v. Adair
Supreme Court of Alabama
In error from Lawrénce Circuit Court. This was an action of assumpsit, to recover of the defendant the amount of a note of hand, assigned By him to the plaintiff.
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In error from Lawrénce Circuit Court. This was an action of assumpsit, to recover of the defendant the amount of a note of hand, assigned By him to the plaintiff. On the trial of the cause in the Court below, the plaintiff offered in evidence the exemplification of the record of a judgment existing in the Circuit Court of Barren County, in the State of Kentucky, containing the certificate of the Clerk of the said Court, together with the attestation of the presiding Judge, that said certificate “was in due form of law.” The counsel for the defendantobjected to the reading of the transcript to…
1Opinion of the CourtCrenshaw, J.
The error relied on in this case is, that on the trial in the Court below, the presiding Judge excluded from the jury the exemplification of a judgment obtained in Kentucky, on the ground that the Judge who certified the record, did not state in his certificate that the Clerk who attested the record, was Clerk at the date of his attestation.
The statute of the United States, passed May 1790, 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 attestation of the Clerk, and the seal of the…
2Cases cited1 opinion
- Johnson v. Howe's Admr'sSupreme Court of Alabama · 1829