Kellogg v. Mauncy
New York Supreme Court
ON a return to the certiorari in this cause, it appeared, that the defendant in error brought an action of debt against the plaintiffin error, before the justice, on ajudgmeht recovered before another justice. The defendant below denied the existence of any such judgment. The plaintiff below thereupon produced a certificate, under the hand and seal of the other justice, of the judgment obtained before him.
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ON a return to the certiorari in this cause, it appeared, that the defendant in error brought an action of debt against the plaintiffin error, before the justice, on ajudgmeht recovered before another justice. The defendant below denied the existence of any such judgment. The plaintiff below thereupon produced a certificate, under the hand and seal of the other justice, of the judgment obtained before him. The defendant not objecting to the certificate, nor denying the handwriting of the justice, and as he had, the day before the trial, admitted the former judgment to be for a just debt, the…
1Per curiam
The only question is, whether the declaration of the plaintiff below was fully proved. The certificate of the former judgment, which was produced, and iiot objected to, tvas prima facie evidence, at least, of the existence of the judgment; and as this evidence was not Contradicted or questioned by the' defendant below, it must be considered as sufficient to support the judgment.-
Judgment affirmed;
2Cited by8 opinions
- Komp v. . RaymondNew York Court of Appeals · 1903
- Egleston v. KnickerbackerNew York Supreme Court · 1849
- M'Carroll's Lessee v. WeaksTennessee Supreme Court · 1814
- Weed v. SnowU.S. Circuit Court for the District of Michigan · 1843
- Giddings v. MunsonSupreme Court of Vermont · 1827
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