McFarland v. Fricks
Supreme Court of Georgia
Action on judgment. Before Judge Turnbull. Walker superior court. February term, 1895. Tbe petition alleged an indebtedness upon a judgment obtained in the chancery court of Hamilton county, Tennessee. 'When tbe transcript of tbe proceeding in which tbe judgment was rendered was offered in evidence, it was objected to on tbe ground that it failed to show that tbe chancellor bad signed tbe judgment or tbe minutes of tbe court.
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Action on judgment. Before Judge Turnbull. Walker superior court. February term, 1895. Tbe petition alleged an indebtedness upon a judgment obtained in the chancery court of Hamilton county, Tennessee. 'When tbe transcript of tbe proceeding in which tbe judgment was rendered was offered in evidence, it was objected to on tbe ground that it failed to show that tbe chancellor bad signed tbe judgment or tbe minutes of tbe court. Tbe transcript was certified in accordance with tbe act of Congress applying to certified transcripts from courts of other States. A witness testified that tbe practice…
1Opinion of the CourtLumpkin, J.
Where a transcript of the record of a decree purporting to have been rendered by a court of record of another State has been duly certified under the act of Congress, embodied in section 3830 of the Code, this is sufficient evidence of the validity of such decree, although it does not appear to have been signed by the chancellor. Nor, in such case, is it at all essential to show that he signed the minutes of the court by which such decree was rendered. Judgment affirmed.
17. II. Payne and Copeland & J achson, for plaintiff in error. R. M. W. Grlenn, contra.
2Cited by2 opinions
- Sullivan v. Douglas Gibbons Inc.Supreme Court of Georgia · 1939
- Watkins v. StateCourt of Appeals of Georgia · 1973