Flourenoy v. Durke
Supreme Court of South Carolina
Motion for a new trial. Debt on a Georgia judgment, tried be-fbre Beevasd, J., in Laurens district. Plea nul iiel record. plication averring the existence of such a 'judgment, and praying an inspection thereof hy the court. Rq. The plaintiff produced an exemplification of the record of a Country Court in the Statu of Georgia, stating a judicial proceeding and a judgment against the defendant at the suit of the plaintiff.
Read the full summary
Motion for a new trial. Debt on a Georgia judgment, tried be-fbre Beevasd, J., in Laurens district. Plea nul iiel record. plication averring the existence of such a 'judgment, and praying an inspection thereof hy the court. Rq. The plaintiff produced an exemplification of the record of a Country Court in the Statu of Georgia, stating a judicial proceeding and a judgment against the defendant at the suit of the plaintiff. The defendant’s counsel objected to this evidence: 1. On the ground that is was a copy, and not the original record which ought to be produced. 2. That the record was hot…
1Opinion of the Court
Bay, J.,
delivered the opinion of the court, approving the determination of the District Court. .
The decision of the District Court was as follows. If the certificate be examined, it will appear that the court in Georgia had no seal. The reason given by the clerk, for affixing his private seal to his certificate, is, because the court had no seal. I consider the private seal as surplusage, and that it does not vitiate the certificate. which would, without it, he good and sufficient. The senior presiding magistrate of the court certifies, according to the act of congress, that the attestation…
2Cases cited1 opinion
- Brandter ex dem. Fitch v. MarshallNew York Supreme Court · 1803