Mewster v. Spalding

OPINION OF THE COURT.

This is an action against the sheriff of Washtenaw county, for an escape. A record was offered in evidence of a judgment obtained in that county, before a state court, against the defendant, who, it is alleged, was in the legal custody of the sheriff, and from whose custody he was permitted to escape; for which this action was brought. The record was objected to, because it was only certified under the seal'of the court, by the clerk, but had not the certificate of the presiding judge, that the record, etc., “was in due form.” By the act of congress, of the 26th of May,…