Whittit v. Miller

This is a motion for a new trial, on the ground that the court was in error in charging the jury that the certificate of marriage introduced by the plaintiff on the trial, in connection with the proof of the identity of the persons therein named, might be sufficient to make out the marriage, and that it was a question for the jury, under all the circumstances, to say whether the marriage had been proved, inasmuch as the certificate is simply a statement of fact, and not a certified copy of a record, and therefore extra-judicial, and not admissible evidence to the jury.

On mature reflection, I…