Campbell v. Johnston
Court of Chancery of Delaware
INJUNCTION Bill. — This was a bill in equity to restrain the collection of two judgments, both of which had been marked to the use of other parties by the original plaintiffs. No question of law was involved in the merits of the cause.
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INJUNCTION Bill. — This was a bill in equity to restrain the collection of two judgments, both of which had been marked to the use of other parties by the original plaintiffs. No question of law was involved in the merits of the cause. At the hearing, the solicitor for the defendants called upon the solicitors for the complainant to produce the originals of two contracts for the sale of lands by one of the defendants to the complainant, having given notice to produce them at the hearing. It was proposed, if the originals were not produ¿ed, to examine the complainant as to their contents. The…
1Opinion of the Court
The Chancellor :—
Under the English practice the proof of exhibits viva voce was made before the Registrar out of Court and without the liberty of cross examination. Hence such proof was admitted in few cases. It is the rule that “no “exhibit can be thus proved that requires more than the “proof of the execution or of hand writing to substantiate “it; if it be anything that admits of cross examination or “ that requires any evidence besides that of handwriting “it cannot be received.” 2 Daniell's Ch. Prac. [026 (878 of last Ed’n.); Gresley 126.
Under this rule the handwriting of an attesting…
2Cited by1 opinion
- Clark v. SippleCourt of Chancery of Delaware · 1912