Walton v. . McKesson
Supreme Court of North Carolina
ACTION for money due by judgment, tried upon demurrer to the complaint, by Mitchell, J., at Eall Term 1869 of Burke Court.
Read the full summary
ACTION for money due by judgment, tried upon demurrer to the complaint, by Mitchell, J., at Eall Term 1869 of Burke Court. The complaint alleged that a judgment had been obtained by the plaintiff against the defendants, at August Term 1861 of Burke County Court; that the record thereof was destroyed by the Federal forces under General Stoneman in the Spring of 1865, but that the plaintiff had a “certified memorandum of said judgment under the hand of the Clerk, dated March 29th 1865, showing the date and amount of the judgment, &c., which he stands ready to produce, together with other proof,…
1Opinion of the CourtBeade, J.
In an action on a former judgment, the record of the judgment is the proper evidence thereof. Its production can not be dispensed with, or supplied by any other evidence. The reason is, that upon plea of mil tiel record, the court decides upon the ims^ection of the record itself.
The plaintiff’s remedy in this case, was, upon notice to the defendants, a motion in the original suit, to have a record made of the judgment, in place of that which was destroyed; and then to offer the record in evidence in this suit. It was neither necessary nor proper to make profert of the judgment, but to refer…
2Cited by2 opinions
- Foulk v. ColburnSupreme Court of Missouri · 1871
- Goldman v. KennedyNew York Supreme Court · 1888