Chandler v. Garr
Supreme Court of Missouri
ERROR to Cooper Circuit Court. The plaintiff in error will insist that the court below erred in admitting the record offered in evidence for the variance between the declaration and the record.
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ERROR to Cooper Circuit Court. The plaintiff in error will insist that the court below erred in admitting the record offered in evidence for the variance between the declaration and the record. The plaintiff declares upon a judgment of the “ County Court of Louisa county,” and from the record it appears the judgment was rendered by a court of “ Quarterly Sessions ” of said county; and as the record is vouched in evidence, a slight variance is material, but here is a variance in the name of the court by which judgment was rendered.— See Martinas. Miller, 3 Mo. Rep., 100; Bell & Craig vs.…
1Opinion of the CourtTompkins, J.
This is an action of debt by Aaron Garr, the appellee, against Leroy Chandler, the appellant. In the Cooper Circuit Court, Garr declared on a judgment recovered in the County Court of Louisa county jn Virginia, in the year 1823, for the sum of $234 and together with costs, &c.
The declaration contained two counts each, upon a judgment of the County Court of Louisa county, Virginia. The defendant filed the plea of nut tut record, and the cause being at issue, was submitted to the court for trial. Upon, this trial plaintiff offered in evidence a certified copy of a record of a judgment in favor…
2Cases cited1 opinion
- Coleman v. EdwardsCourt of Appeals of Kentucky · 1816