Butler v. Owen
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County. Debt, upon transcript of a judgment, brought by Owen, use of Kitchen, against Butler, and determined in the Pulaski circuit court in Dec. 1845, before Cusndenin, judge. The facts appear in the opinion of this court.
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Writ of Error to the Circuit Court of Pulaski County. Debt, upon transcript of a judgment, brought by Owen, use of Kitchen, against Butler, and determined in the Pulaski circuit court in Dec. 1845, before Cusndenin, judge. The facts appear in the opinion of this court. The plaintiff insists that the transcript of the record of the county court of Mobile county ought not to have been read in evidence, 1st, Because the clerk’s certificate in no wise states that the writing offered is a full or complete transcript of the record in the case: or that it contains a true and complete transcript…
1Opinion of the CourtConway B, J.
Owen for the use of Kitchen sued Butler in the court below on an alleged judgment of a court in Alabama. Butler plead mil tiel record. Issue was joined, and Owen offered as evidence a paper purporting to be a transcript of the record of the case in the Alabama court. Butler objected to its being read and. alleged want of proper authentication, and a variance between the judgment in the transcript and that described in the declaration. The court overruled these .objections, admitted the transcript and gave judgment against Butler. He .excepted and has brought the case here on writ of error.
The…
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