Miller v. Brink

Fleming, P. J.,

The defendant seeks a new trial and has assigned nine reasons in support thereof.

We feel that the fifth reason is a valid one and sufficient to merit the relief sought. We fell into grievous error in admitting the transcript of the justice of the peace, offered as plaintiff’s Exhibit No. 1, without previously requiring such to be proven by the oath of the justice himself, and especially so since the justice was in the court room at the time the offer was made and could readily have been called to the stand.

It has long since been held that docket entries of a justice of the…