Waldo v. Russell
Supreme Court of Missouri
APPEAL from ihe circuit court of Franklin county. The first error assigned presents the question, whether the evidence of Waldo, that went to the jury, was legal or not? The first evidence offered by him on the trial, as Ihe record shows, was a paper purporting to be a transcript of a judgment of a justice of the peace of Franklin county, in behalf of J. & L. L. Waldo, against John A. Veitch, for $38 63 debt, and also costs.
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APPEAL from ihe circuit court of Franklin county. The first error assigned presents the question, whether the evidence of Waldo, that went to the jury, was legal or not? The first evidence offered by him on the trial, as Ihe record shows, was a paper purporting to be a transcript of a judgment of a justice of the peace of Franklin county, in behalf of J. & L. L. Waldo, against John A. Veitch, for $38 63 debt, and also costs. This paper bore date 16th August, 1834. There are two objections to this judgment being evidence: 1. It was not proved that this judgment had, at any time, been filed in…
1Opinion of the CourtTompkins, Judge
Waldo brought his action of ejectment against Russell in the circuit court, and there had judgment; to reverse ■which Russell appeals to this court.
On the trial of the cause, the plaintiff gave m evidence the transcript of a judgment obtained before a justice of the peace by Waldo, the plaintiff in this cause, against John A. Veitch, on the 16th day of August, A. D. 1834, which was filed in the office of the clerk of the circuit court of Franklin county on the same day. He then gave in evidence two executions issued by the justice on the same judgment, the one dated the 16th day of August,…
2Cited by8 opinions
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