Legal Opinion

Houlton v. Manteuffel

Supreme Court of Minnesota

Decided October 29, 1892PublishedCited by 17 opinions

Appeal by Henry Manteuffel, one of the defendants, from an order of the Municipal Court of the City of St. Paul, Cory, J., made May-31, 1892, refusing a new trial. This action was brought by the plaintiff, Charles H. Houlton, against the defendants, Henry Manteuffel and Hedwig Anna Manteuffel, to recover $207 on a promissory note, dated July 1, 1889, due two years thereafter, made by the defendants and payable to the-order of the plaintiff.

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Appeal by Henry Manteuffel, one of the defendants, from an order of the Municipal Court of the City of St. Paul, Cory, J., made May-31, 1892, refusing a new trial. This action was brought by the plaintiff, Charles H. Houlton, against the defendants, Henry Manteuffel and Hedwig Anna Manteuffel, to recover $207 on a promissory note, dated July 1, 1889, due two years thereafter, made by the defendants and payable to the-order of the plaintiff. The defendants answered that the note was-given for part of the purchase price of certain real estate conveyed by plaintiff to Henry Manteuffel; that both…

1Opinion of the CourtMitchell, J.

1. Assuming that the certificate of defendant’s baptism, “issued by his church,” would have been admissible as an official entry or register to prove the fact and date of his baptism, it. was not competent to prove his age or the date of his birth.

An official entry or register must speak only to that which it was the duty or business of the official to do, and not of extraneous facts, which did not occur in his presence. Consequently the mention of a child’s age in the registry of christenings is, alone, no proof of the date of his birth. 1 Greenl. Ev. § 493; Burghart v. Angerstein, 6 Car. &…

2Cases cited4 opinions

  1. Cheever v. CongdonMichigan Supreme Court · 1876
  2. Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1886
  3. Hill v. EldridgeMassachusetts Supreme Judicial Court · 1879
  4. Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884

3Cited by17 opinions

  1. Alston v. AlstonSupreme Court of Iowa · 1901
  2. Chicago & Alton Railroad v. LewandowskiIllinois Supreme Court · 1901
  3. Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
  4. Mayor of Baltimore v. State Ex Rel. CirtoutCourt of Appeals of Maryland · 1924
  5. Geisler v. GeislerSupreme Court of Minnesota · 1924

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