Dunlap v. Waldo
Superior Court of New Hampshire
Trespass. Upon the trial, at the court of common pleas, September term, 1833, the plaintiff, to prove that the goods in question were his property, offered in evidence a deposition, purporting to have been taken in Madison county, in the State of New York, before Stephen Chapman, a justice of the peace, to the admission of which the defendant objected, alleging that there was no sufficient evidence that Chapman, before whom it was taken, was a justice.
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Trespass. Upon the trial, at the court of common pleas, September term, 1833, the plaintiff, to prove that the goods in question were his property, offered in evidence a deposition, purporting to have been taken in Madison county, in the State of New York, before Stephen Chapman, a justice of the peace, to the admission of which the defendant objected, alleging that there was no sufficient evidence that Chapman, before whom it was taken, was a justice. To show this fact, the plaintiff offered a certificate, purporting to be signed by the clerk of said Madison county, and to have the seal of…
1Opinion of the Court
Parker J.
By the constitution and laws of this State, justices of the peace are to be appointed by the governor and council. The records of such appointments are kept in the office of the secretary of state, and the certificates that they have taken the requisite oaths are to be returned and filed there.
The certificate of the secretary, under the seal of the State, that an individual had been duly appointed a justice would here be the proper evidence of that fact, as the records which show the appointment are in his custody.
In the State of New York it is different. Justices of the peace are…
2Cases cited11 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Lincoln v. BattelleNew York Supreme Court · 1831
- Andrews v. MontgomeryNew York Supreme Court · 1821
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3Cited by2 opinions
- Boardman v. PaigeSuperior Court of New Hampshire · 1840
- Pearson v. WheelerSupreme Court of New Hampshire · 1874