Pelton v. Platner ex rel. Chapman
Ohio Supreme Court
This is a writ of error to the court of common pleas of Lake county. Tho judgment sought to be reversed was in an action of debt, founded on the certified transcript of a judgment by a justice of the peace, in the State of Michigan.
Read the full summary
This is a writ of error to the court of common pleas of Lake county. Tho judgment sought to be reversed was in an action of debt, founded on the certified transcript of a judgment by a justice of the peace, in the State of Michigan. All the material facts are disclosed in the following bill of exceptions: “Be it remembered that, on the trial of this cause in the court of common pleas of Lake county, at the June term thereof, 1844, the said Solomon Platner, for the use of James Chapman, to maintain the issue on his part, offered the following paper in proof, to wit: “ In Justice’s Court —…
1Opinion of the CourtWood, J.
The first assignment embraces the whole ground of inquiry. The second is a mere corollary. Under the first assignment two questions naturally arise : 1. Is the transcript of the Michigan justice properly certified? 2. Is it prima facie evidence of debt?
As to the mode of authentication of the records and judicial proceedings of other states, they are provided for by an act of Congress, passed A. D. 1790; but it has been decided in our own court that neither the act of Congress, nor*the provisions of the constitution of the United States, as to authentication, extend to any other than courts of…
2Cases cited8 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Seymour v. DelancyNew York Supreme Court · 1824
3 more not listed; retrieve them via the Exa API.