Woodburn v. Fleming

Decided December 4, 1817

Indiana Supreme Court · decided 1817-12-04

— A motion was made by the appellees for the dismission of this suit. The certified copy of the appeal bond did not show, that the original had been executed in the clerk’s office; and in supportofthe motion, it was contended, that no other evidence was admissible to prove that fact.

Decided 1817-12-04

Scott, J.

¶1Whether the bond was executed in the clerk’s office or not, is a plain question of fact susceptible of proof. Although the bond does not show the place where it was executed, yet if the appellants can prove by other'evidence that they are within the law, the Court will permit them to do so; if they .cannot, the motion must be sustained (1).

¶2Note. — The appellants afterwards produced the certificate of the clerk of the C. C., stating that the bond had been duly executed in his office; whereupon,

¶3The Court overruled the motion to dismiss the suit.-

Lane, for the appellants.Meek, for the appellees.

¶4 Vide Averil v. Dickerson, in this Court, ante, p. 3.