Greenwood v. Woodward

Hemphill, Ch. J.

The points presented by counsel for appe 1-lant, are,

*2First, Was the claim of the appellee duly proven and authenticated, so as to have justified the appellant in accepting the claim, had he considered it just ?

The objection to the proof of the claim is, that the oath was taken before a Commissioner of Deeds, and not before a Judge of a Court of Record, as required by the 1158th Article of the Digest. But by Art. 122, (Sec. 3, Act of 1846,) a Commissioner has full power to administer an oath or affirmation to any person desirous to make such oath, and such affidavit is declared…