Pratt v. Peckham
New York Supreme Court
ACTION for taking and converting the property of the plaintiff. The defendant justified under a judgment and execution against one Warren Pratt, alleging the property to belong to Warren at the time, and to be liable to the execution against him. The judgment was proved by the production of a copy of the docket of the justice, proved by the justice, who was a witness on the trial, to be a true copy. This evidence was admitted under objection and exception.
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ACTION for taking and converting the property of the plaintiff. The defendant justified under a judgment and execution against one Warren Pratt, alleging the property to belong to Warren at the time, and to be liable to the execution against him. The judgment was proved by the production of a copy of the docket of the justice, proved by the justice, who was a witness on the trial, to be a true copy. This evidence was admitted under objection and exception. The referee gave judgment for the defendant, and the plaintiff appealed to this court.
1Opinion of the Court
By the Court, W. F. Allen, J.
Provision is made by statute for keeping and preserving a record of proceedings and judgments in civil actions by justices of the peace, and they . are required by law to keep a docket in which they shall enter the proceedings in causes pending before them. (2 R. JS. 269, § 243.) The statute has also undertaken to provide for the proof of such proceedings and judgments, when it becomes necessary to give evidence of them in another action, by making the docket itself, properly proved, transcripts thereof duly authenticated, and sworn copies thereof, in proper…
2Cases cited5 opinions
- Boomer v. LaineNew York Supreme Court · 1833
- Burtus v. TisdallNew York Supreme Court · 1848
- Posson v. BrownNew York Supreme Court · 1814
- Brotherton v. WrightNew York Supreme Court · 1836
- M'Carty v. ShermanNew York Supreme Court · 1808
3Cited by1 opinion
- Dorr v. City of TroyNew York Supreme Court · 1879