Legal Opinion

Miles v. Collins

Court of Appeals of Kentucky

Decided October 9, 1858PublishedCited by 4 opinions

CASE 54. APPEAL PROM BOONE CIRCUIT COURT. Tbe facts are sufficiently stated in the opinion of the court. The constitution of the U. S. (art. 4, sec. 1,) the act of congress passed in May, 1790, (1 Stat. Law, 189,) and the certificates of the prothonotary, show that the court below erred in adjudging there was no such record as that presented.

Read the full summary

CASE 54. APPEAL PROM BOONE CIRCUIT COURT. Tbe facts are sufficiently stated in the opinion of the court. The constitution of the U. S. (art. 4, sec. 1,) the act of congress passed in May, 1790, (1 Stat. Law, 189,) and the certificates of the prothonotary, show that the court below erred in adjudging there was no such record as that presented. In determining whether a copy of a record from another state is competent evidence we must look to the authentication, and if that be in the form prescribed by the act of congress, the record should be admitted as evidence. Each state has the right to…

1Opinion of the Court

JUDGE WOOD

DELIVERED THE OTINIOH OE THE court:

The plaintiff below declared upon a judgment of a court of record of the State of Pennsylvania in favor of Scantlin and wife against the appellee, to one half of which judgment plaintiff was entitled, according to his claim.

After divers steps taken in the action, the defendant plead that there was no such record as the one declared on.

Upon inspection, it was adjudged by the circuit court that there was no such record, and judgment was rendered in bar of the plaintiff’s action. From this judgment he has appealed.

We are satisfied that the judgment of…

2Cited by4 opinions

  1. Fairfield Savings Bank v. ChaseSupreme Judicial Court of Maine · 1881
  2. Klenke v. NoonanCourt of Appeals of Kentucky · 1904
  3. Matthews v. LloydCourt of Appeals of Kentucky · 1890
  4. Ford Lumber & Manufacturing Co. v. Burt & Brabb Lumber Co.Court of Appeals of Kentucky · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API