Pepoon v. Jenkins
New York Supreme Court
This was an action of debt, brought upon a judgment rendered in the circuit court of the United States, for the district of Massachusetts.
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This was an action of debt, brought upon a judgment rendered in the circuit court of the United States, for the district of Massachusetts. On the plea of nul tiel record, the plaintiff offered in evidence, a record under the seal of the court, but certified by the clerk, as a copy. attestation 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, that the attestation is in due form.
1Per curiam
This being a record of a court of the United States, and not of a state court, and so not within the act of Congress, prescribing the mode in which the records and judicial proceedings of the courts of any state shall be authenticated, it remains with the court to decide upon the sufficiency of the evidence. The mode of certifying the record in the present case, being the ordinary mode used in Massachusetts, instead of the technical exemplification, we are of opinion, as it is also under the seal of the court, that it is sufficient.(a)(a) Barney v. Patterson’s lessee, 6 Har. & Johns. 182,…
2Cases cited4 opinions
- Griswold v. SedgwickNew York Supreme Court · 1828
- Leveringe v. DaytonU.S. Circuit Court for the District of New Jersey · 1827
- Baldwin v. HaleNew York Supreme Court · 1820
- United States v. WoodUnited States Circuit Court · 1818
3Cited by5 opinions
- Adams v. WaySupreme Court of Connecticut · 1866
- Adams v. LisherIndiana Supreme Court · 1833
- Dunlap v. WaldoSuperior Court of New Hampshire · 1833
- Buford v. HickmanSupreme Court of Arkansas · 1834
- Draper's ex'ors v. GormanSupreme Court of Virginia · 1837